The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s children services team and information sharing. The Information Commissioner’s Office is better placed.
The complaint
The complainant, whom I shall call Mr X, complains about the Council’s children services team making allegations about him.
The Ombudsman’s role and powers
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), as amended) 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) We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X which included the Council’s reply to this complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council earlier this year about children service’s actions. The Council replied at both stages of its corporate complaints procedure. Mr X’s complaints included: That an officer had said he was hiding upstairs.
The accuracy of information shared at a strategy meeting between professionals, including police officers.
Whether he had given consent for the Council to obtain medical and police information about him.
Information sharing with his partner.
The Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes disclosing information in error or inaccurate information and data sharing.
There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. I consider that to be the case here and Mr X should therefore approach the ICO about his concerns.
Final decision
We will not investigate Mr X’s complaint because the ICO is better placed.
Investigator's decision on behalf of the Ombudsman