Liverpool City Council (23 015 781)
Category : Adult care services > Other
Decision : Closed after initial enquiries
Decision date : 28 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about a data breach by the Council. This is because complaints about data matters such as this are best considered by the Information Commissioner’s Office.
The complaint
- The complainant, whom I shall call Mr X, complains a social worker committed a data breach by contacting his family and GP without his consent and obtained access to his medical records. Mr X says this has caused him serious harm and distress.
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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
- We do not start 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
- Mr X complained to the Council that a social worker breached data protection law by contacting his family and his GP without his consent.
- The Council agreed the social worker should have obtained Mr X’s consent before contacting his GP and that his actions were not acceptable. It confirmed the social worker did not request or obtain access to Mr X’s medical records.
- We will not investigate this complaint. This is because complaints about data matters such as this are best considered by the Information Commissioner’s Office which is the body set up to consider and decide such matters.
Final decision
- We will not investigate Mr X’s complaint because it is about a data matter that is best considered by the Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman