Ms D complained about the conduct of an adviser from the Children and Family Court Advisory and Support Service (Cafcass) who, she claimed, wrongly shared information with her ex–husband, and so breached Ms D's data protection rights.
What happened
During a meeting with the Family Court Adviser (FCA), Ms D shared information about her son and his need for speech therapy sessions. Ms D said she made an agreement with the FCA that this information would be kept confidential. However, the FCA subsequently shared the information with Ms D's ex–husband, the child's father.
Ms D said both her and her son's welfares had been put at risk by Cafcass' actions. Further to this, Ms D said there were several occasions, during telephone calls, that the FCA's conduct was unprofessional.
What we found
Cafcass are entitled to share personal information under the Family Procedures Rules. However, we found the FCA's decision to share this information with Ms D's ex–husband was made without the FCA being fully aware of Ms D's ex–husband's previous behaviour, and the possible consequences of its action.
Without written records or voice recordings we could not say exactly what was said between Ms D and the FCA. However, we were satisfied that Cafcass acknowledged and apologised for the upset caused.
Our role is not to determine breaches of data protection, so we advised Ms D to contact the Information Commissioner's Office if she felt this had happened.
Putting it right
Cafcass apologised to Ms D and paid her £100. This was in recognition of the unnecessary distress and anxiety it had caused her by sharing information with her ex–husband, without first making sure that Ms D understood how the information would be treated.
Children and Family Court Advisory and Support Service (Cafcass)
UK
Did not apologise properly or do enough to put things right
Did not involve complainant adequately in the process
Apology
Compensation for non-financial loss