Summary: Mr L complained a Council housing officer shared his confidential information with someone making a complaint against him. He also complained about the housing officer’s behaviour for 18 months. The Ombudsman cannot consider Mr L’s complaint as both matters related to an issue considered in court.

The complaint

1. Mr L complained a Council housing officer shared information he gave in confidence with someone pursuing a complaint against him for illegal eviction. He also complained the housing officer bullied him and his family for eighteen months.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
3. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

4. I have considered all the information Mr L provided. I have written to Mr L with my draft decision and provided him with the opportunity to comment.

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What I found

Sharing of the statement

5. Mr L says the Council began to act on an alleged illegal eviction in summer 2018. The Council asked Mr L to provide a statement in confidence to a housing officer.
6. Mr L says the housing officer assured him the statement was confidential. Following the statement, Mr L became aware posts about his statement had appeared on a social media site. He says this information can only have come from the housing officer. The housing officer disputes this.
7. Mr L says the court proceedings ended in December 2019. He was found not guilty of illegal eviction.
8. As Mr L’s statement relates to a matter considered in court, it is outside of the Ombudsman’s jurisdiction. It is open to Mr L to consider complaining to the Information Commissioner’s Office, as the organisation best placed to consider issues relating to organisations’ information practices.

Bullying

9. Mr L says the housing officer bullied him and his family for 18 months. He says the housing officer did not consider their case impartially and behaved inappropriately in court.
10. Mr L says he was bullied by people on social media because the housing officer shared his statement with the complainant. He says as a result of the housing officer’s actions, his family were sworn at, threatened and lost friends.
11. The Ombudsman is also unable to consider this issue as it relates to matters considered in court.

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Final decision

12. The Ombudsman cannot investigate this complaint. This is because it concerns a matter considered in court.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman