Summary: We will not investigate this complaint about a breach of confidentiality during the adoption process. This is because the Information Commissioner is better placed to consider the complaint than us.

The complaint

1. Miss Y complains the Council breached her confidentiality twice while she was being considered as an adopter.
2. Miss Y says this caused a breakdown of trust between her and the adoption agency and particularly the individual social worker. She says she has been upset and distressed following information being shared without her consent with third parties.

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The Ombudsman’s role and powers

3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
4. 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)

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How I considered this complaint

5. I considered information Miss Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. Miss Y complained to the Council that it had breached her confidentiality in January 2022 after it shared information about her and a third party she lives with, with referees for her adoption application and with her GP.
7. The Council responded to the complaint in February initially and again in March. The Council did not uphold Miss Y’s complaint. Miss Y approached us in March.

Analysis

8. 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.
9. 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, unless there are good reasons for us to investigate.
10. This complaint involves child protection issues relating to the adoption process and safeguarding, for which there are specific exemptions to the general data protection rules. Consequently, I would consider the ICO, which is specifically designed to consider such issues, to be better placed than us to consider this complaint so we will not investigate.

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Final decision

11. We will not investigate Miss Y’s complaint because the ICO is better placed than us to consider this complaint.

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Investigator's decision on behalf of the Ombudsman