Summary: We will not investigate this complaint about the Council’s handling of the complainant’s personal data. This is because the Information Commissioner’s Office is better placed, and also because we cannot achieve the desired outcomes.

The complaint

1. In summary, Miss X says the Council disclosed personal information about her and her family to her employer.
2. She says this has affected her severely physically and mentally as she was pregnant at the time. She has not been able to enjoy motherhood.
3. Miss X would like the Council to rescind the information, discipline the social worker involved and provide her with a financial remedy.

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The Ombudsman’s role and powers

4. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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 and we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate this complaint. This is because it is reasonable for Miss X to refer the matter to the Information Commissioner’s Office (ICO). The ICO is the body with specific powers and expertise to investigate the Council’s responses/omissions with respect to its information rights practices. So, the Information Commissioner is best placed to assess if the Council disclosed Miss X’s personal data.

8. However, if the Information Commissioner is not able to provide Miss X with a complete remedy this does not mean the Ombudsman will investigate. This is because if we are not investigating the main issue giving rise to the complaint (the breach of Miss X’s personal data) we would not consider any other related matters as it is not a good use of the Ombudsman’s resources.
9. With respect to Miss X’s preferred outcomes, we have no powers to order the Council to discipline its social worker. But Miss X may be able to report her concerns to the regulator for social workers: ‘Social Work England’ who investigate concerns about social workers’ fitness to practice. Breaching confidentiality is a serious matter covered by regulator’s remit.

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Final decision

10. We will not investigate Miss X’s complaint because the Information Commissioner is better placed to consider the main issue and also, we cannot achieve the desired outcomes.

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Investigator's decision on behalf of the Ombudsman