The Ombudsman's final decision
Summary: We will not investigate this complaint about a possible data breach as this is best dealt with by the Information Commissioner’s Office. We also cannot achieve the outcome the complainant seeks.
The complaint
Mrs X complained the Council wrongly shared her child’s confidential information with a third party. Mrs X wants the Council to pay compensation and for the staff member involved to be disciplined.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Information Commissioner’s Office (ICO) is the UK’s independent data protection regulator and is best placed to investigate Mrs X’s complaint. It can decide what steps the Council should take if it identifies a data breach did take place.
Data protection law allows those damaged by data breaches to seek compensation through the courts. We cannot decide claims for damages or award compensation. The procedure is open to anyone to make a claim. It is reasonable therefore to expect Mrs X to take such action for the compensation she seeks.
We cannot recommend councils take disciplinary action against individual staff members as this is not within our remit.
For these reasons, we will not investigate.
Final decision
We will not investigate Mrs X’s complaint because it is best dealt with by the ICO and we cannot achieve the outcome she seeks.
Investigator's decision on behalf of the Ombudsman