The Ombudsman's final decision
Summary: We will not investigate this complaint about an alleged breach of data protection. This is because the Information Commissioner’s Office is better placed to consider such matters.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council was at fault in sharing confidential information with other agencies.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B complains that the Council shared information about him with other agencies, thereby breaching the General Data Protection Regulation (GDPR). He says the matter has caused him distress and has also delayed adaptations to his home. He also contends that the Council failed to follow its corporate complaints procedure.
We will not investigate this complaint. The Information Commissioner’s Office is better placed than the Ombudsman to consider complaints about alleged breaches of the GDPR. It is open to Mr B to bring his concerns to the attention of the Information Commissioner and it would be reasonable for him to do so.
Regarding Mr B’s allegation that the Council did not deal properly with his complaint, it is not a good use of public resources to investigate complaints about complaint procedures if the substantive matter does not fall to be investigated. That is the case here and we will not intervene.
Final decision
We will not investigate Mr B’s complaint because another agency is better placed to consider the substantive matter.
Investigator's decision on behalf of the Ombudsman