Summary
We will not investigate Mrs X’s complaint that the Council shared personal information without her consent. This is because the Information Commissioner’s Office is better placed to consider the matter.
The complaint
Mrs X complained the Council included information about her and other family members on a Court report without her consent. She said this was a breach of data protection and a breach of her privacy.
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, section 34(B)) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained information about her and members of her family was included in a report written by the Council.
We will not investigate Mrs X’s complaint. This is because complaints about data protection and the sharing of personal information are best dealt with by the Information Commissioner’s Office (ICO).
Final decision
We will not investigate Mrs X’s complaint because the Information Commissioner is better placed to consider the matter.
Investigator's decision on behalf of the Ombudsman