• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• What I found
• Final decision

The Ombudsman's final decision:

Summary: Mr X complains about the Council’s decision not to share information about his partner’s whereabouts with him. The Ombudsman has discontinued his investigation. This is because Mr X is not a suitable representative to bring the complaint.

The complaint

1. Mr X complains about the Council’s decision not to share information about his partner’s whereabouts with him. Mr X says the Council has not told him why she has been moved away from him.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We may investigate complaints made on behalf of someone else if they have given their consent. If they are not able to give their consent, we can consider whether the person bringing the complaint is a “suitable representative”. (Local Government Act 1974, section 26A(1) and (2), as amended)
4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

Back to top

How I considered this complaint

5. I spoke with Mr X and considered the information he provided.
6. I considered the information the Council provided.
7. I have sent a draft decision to Mr X and the Council for their comments.

Back to top

What I found

8. Mr X complained to the Council about its decision not to share information about his partner’s whereabouts with him.
9. The Council explained information is only shared with third parties where there is expressed consent to do so, where the third party is authorised to request the information based on a relevant court order, or if it is in their best interest to share the information (where the person lacks capacity). The Council said Mr X did not meet any of the criteria.
10. The evidence demonstrates the Council has properly applied the correct tests to establish if third party information should be shared with Mr X.
11. I will not investigate Mr X’s complaint as he is not a suitable representative to complain on his estranged partner’s behalf. This is because he has no consent from his partner, nor does he have any legal authority to receive his partner’s data.

Back to top

Final decision

12. I have discontinued my investigation. This is because Mr X is not a suitable representative to bring the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page