Summary: We will not investigate this complaint about the Council sharing confidential information with a third party. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate as this is a matter best dealt with by the Information Commissioner’s Office.

The complaint

1. Ms X has complained the Council shared confidential information with a third party without permission. Ms X says she has been caused significant distress by the matter.

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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 Ms X and the Ombudsman’s Assessment Code.

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Final decision

4. We will not investigate Ms X’s complaint because she can complain to the Information Commissioner’s Office (ICO) if she is concerned about how the Council handles her personal data. The ICO is the independent body set up to uphold information rights and is best placed to deal with Ms X’s concerns.

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Investigator's decision on behalf of the Ombudsman