Summary: We will not investigate this complaint about an alleged data breach. The Information Commissioner’s Office is better placed to deal with this complaint as it has powers we lack to determine if there has been a data breach and to impose penalties.

The complaint

1. Ms X said the Council failed to keep her address confidential as agreed by monitoring emails when it allowed a foster child to have email contact with their birth family.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by the complainant and the Ombudsman’s Assessment Code.

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My assessment

4. The matter complained of is an alleged data breach. The Council said it decided it was no longer necessary to monitor emails between a foster child and their birth family. Ms X said it did not have her permission to allow the child to disclose her address to the birth family. The Information Commisioner’s Office (ICO) has powers we lack to determine if there was a data breach and to impose penalties.

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Final decision

5. We will not investigate Ms X’s complaint because there is another body better placed than us to consider this matter.

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Investigator's decision on behalf of the Ombudsman