The Ombudsman's final decision
Summary: We will not investigate this complaint about an alleged breach of confidence by a council officer. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is no evidence the complainant has been caused a significant personal injustice by the matter complained about. Also, it is unlikely we could add anything to the response the Council has already provided.
The complaint
The complainant, Mrs X, was attending a hospital appointment with her child, when she met a council officer (Y). Mrs X and Y both work with a member of the public (Z) in their professional roles. Mrs X said Y started talking about Z. Mrs X complained this was inappropriate and a breach of Z’s personal information. Mrs X was worried this could affect her employment and wanted the Council to take action against Y.
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 and the Ombudsman’s Assessment Code.
My assessment
In its response to Mrs X the Council said it had spoken with Y. It said a brief conversation took place, but no names were used. It decided that on the balance of probability there had been no breach of confidence. If Mrs X had wanted the conversation to end, then Y would have respected this. If Mrs X’s employer had any concerns, then Y was happy to confirm what had happened.
We will not start an investigation into Mrs X’s complaint. While I understand she is concerned about what happened, there is no evidence the actions of Y have caused Mrs X a significant personal injustice. The Council has investigated and provided a reasonable and proportionate response. It is for the Council to decide what action, if any, it should take if it receives a complaint about one of its staff. An investigation by the Ombudsman would be unlikely to add anything to the response Mrs X has already received or achieve a different outcome.
Final decision
We will not investigate Mrs X’s complaint. There is no evidence Mrs X has been caused a significant personal injustice and it is unlikely we could add anything to the response the Council has already provided.
Investigator's decision on behalf of the Ombudsman