Summary: We will not investigate this complaint about the Council’s sharing of Mr X’s personal information. This is because we cannot achieve the outcome requested and the Information Commissioner’s Office is better placed to consider.

The complaint

1. Mr X says his personal information was unlawfully disclosed and recorded in minutes of a meeting as a derogatory comment.
2. Mr X says he has been caused great stress and anxiety which has distracted him from his caring role.
3. Mr X would like the officer who disclosed the information to be named and disciplined.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we cannot achieve the outcome requested and believe there is another body better placed to consider this complaint. (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. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate. The Council has apologised to Mr X and advised the officer involved has been sent on training courses. We do not have powers over the Council’s staff management duties so we cannot achieve Mr X’s requested outcomes.
7. Further, it is reasonable for Mr X to refer his complaint to the information Commissioner’s Office (ICO). This is because the ICO is the body with specific powers and expertise to investigate the Council’s information handling practice in this case.
8. The Information Commissioner’s Officer has powers - which the Ombudsman does not - to require compliance with the Freedom of Information Act, Environmental Information Regulations and the UK General Data Protection Regulations, tailored by the Data Protection Act 2018. It can consider whether the Council has responded in line with its information rights obligations.

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Final decision

9. I will not investigate this complaint as we cannot achieve Mr X’s requested outcomes and also because it is best dealt with by another agency.

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Investigator's decision on behalf of the Ombudsman