Summary: We will not investigate this complaint about the Council sharing information with the police. There is not enough evidence of fault to warrant investigation.

The complaint

1. Mr X complains that the Council has incorrectly shared information about him to the police.
2. Mr X states he found the allegation disturbing and he now has a marker on his records.

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The Ombudsman’s role and powers

3. We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says the Council contacted the police due to concerns about someone connected to him, which led to a criminal investigation.
7. The Council told Mr X what concerns prompted the referral to the police and what information it shared. Mr X disagrees with some of the Council’s reasons, arguing that the Council should have realised its misunderstanding.
8. I recognised that Mr X disputes the concerns, but I am satisfied on balance, that the Council had grounds on at least some of its points, to contact the police.
9. Mr X says he now has a marker placed against his name. As this relates to the processing of personal data, the Information Commissioner is better placed than us to consider this point.
10. Mr X also complained about delays in receiving assessment reports. The Council responded and apologised. I do not consider further investigation would achieve a worthwhile outcome

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Final decision

We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s decision to contact the police. It is more appropriate for the Information Commissioner to consider other points.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman