Summary: We will not investigate this complaint about the Council’s handling of information. This is because there is another body better suited to investigate a complaint about data protection matters.

The complaint

1. Mrs X complained the Council was wrong, not to have disclosed an email to her, that related to her son (Y). She said the information was unverified, retained in the Council’s systems for a long time and is now concerned about who may have accessed the information. Mrs X wants an independent investigation to audit who had access to her son’s records.

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The Ombudsman’s role and powers

2. 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))
3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. Mrs X complains the Council failed to disclose an email from July 2025 to her, about Y. She said that others had accessed information about her son, which she believed there was no lawful reason to do so.
6. Because the Council’s duties Mrs X complained about, relate to data handling concerns, the Information Commissioner is better suited to investigate this complaint. It has more extensive powers to enforce compliance and can monitor how an organisation manages it data management procedures.

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Final decision

7. We will not investigate Mrs X’s complaint because there is another body better placed to investigate her complaint.

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Investigator's decision on behalf of the Ombudsman