Summary: We will not investigate this complaint about child protection matters. This is because the Information Commissioner is better placed to investigate alleged data breaches, only the courts can determine contact arrangements and further investigation into other matters would not lead to a different outcome.

The complaint

1. Mr X complains that the Council shared information about him with a third party and that this constitutes a data breach. Mr X also complains that he was incorrectly invited to a child protection conference, meaning this was the first time he was told he had a son. Mr X also complains that he is being prevented from seeing his son which is damaging their relationship.

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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:

• we could not add to any previous investigation by the organisation, or
• there is another body better placed to consider this complaint, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

7. I will not investigate Mr X’s complaint that the Council committed a data breach by sharing information about him with a third party. This is because Mr X can complaint to the Information Commissioner’s Office (ICO) about this matter. It is reasonable for him to do this because the ICO is the appropriate body to consider complaints about data protection.
8. I will not investigate Mr X’s complaint that he was incorrectly invited to a child protection conference. The Council has acknowledged this error and apologised to Mr X which is an appropriate response. Therefore, investigation into this point would not achieve a different outcome.
9. Finally, I will not investigate Mr X’s complaint about a lack of contact with his son. Only a court can decide who his child should have contact with. We lack any power to comment on whether there should have been contact, or to make recommendations about residence or contact. Therefore, it would be reasonable for a family member to approach a court.

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Final decision

10. We will not investigate Mr X’s complaint because the ICO is better placed to investigate alleged data breaches, only the courts can determine contact arrangements and further investigation into other matters would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman