Summary: We will not investigate Ms X’s complaint alleging the Council breached data concerning her family. This is because there is another body better placed to consider this complaint.

The complaint

1. Ms X complains about the Council sharing information relating to an investigation involving her family.
2. Ms X says details of the investigation have been disclosed to people who should not have access to that information. She complains a third party approached her from another organisation to discuss the investigation with her.

Back to top

The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:

• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. We will not investigate this complaint because it is better dealt with by another body.
7. The substance of the complaint is that the Council has improperly disclosed confidential or personal information. Complaints about the handling, sharing or protection of personal data fall within the remit of the Information Commissioner's Office (ICO), which is the specialist regulator responsible for considering alleged breaches of data protection and confidentiality requirements.

8. The ICO has powers to investigate concerns about the processing and disclosure of personal information and is better placed than the Ombudsman to determine whether there has been a breach of data protection legislation and, if so, what action is appropriate.
9. For these reasons, we would expect Ms X to raise her concerns with the ICO and we will not investigate.

Back to top

Final decision

10. We will not investigate Ms X’s complaint because there is another body better placed to consider her complaint.

Back to top

Investigator's decision on behalf of the Ombudsman