Summary: We will not investigate this complaint about information the Council has shared relating to the complainant. This is because the matter is now subject to court action and the complainant’s concerns may be raised in court.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council has used false information against him and has shared it with other parties.

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The Ombudsman’s role and powers

2. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider the matter. (Local Government Act 1974, section 24A(6))
4. 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)

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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. Mr B’s children are the subject of child protection action. Mr B complains that the content of a Public Law Outline letter the Council issued contains information which is false and defamatory. He further complains that the Council is at fault in sharing the letter. He says this has caused him significant distress.
8. The Ombudsman will not investigate this complaint. The care of Mr B’s children is now subject to public law proceedings, and it is open to Mr B to share his concerns with the court. There are therefore no grounds to consider the content of the Public Law Outline letter.
9. If Mr B believes the Council was at fault in sharing information with other parties, he may bring his concerns to the attention of the Information Commissioner, who is better placed than the Ombudsman to consider them.

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Final decision

10. We will not investigate Mr B’s complaint because he may raise his concerns in court.

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Investigator's decision on behalf of the Ombudsman