Summary: Mr X complains about the Council’s failure to release information concerning his family. He also says council staff told his ex-partner to take legal action against him. We will not exercise discretion to investigate this complaint. This is because it is reasonable for Mr X to complain to the Information Commissioner’s Office as the most appropriate authority for his complaint.

The complaint

1. Mr X complains about the Council’s failure to release information to him concerning his family. He also says council staff told his ex-partner to take him to court. He says he and his family have been caused a lot of distress and inconvenience.

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The Ombudsman’s role and powers

2. 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 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

3. I considered the information provided by Mr X in his complaint form. I also considered the Council’s responses to his complaint and the Ombudsman’s Assessment Code.

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Assessment

4. We will not exercise discretion to investigate this complaint. This is because it is reasonable for Mr X to refer the matter 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 practices and achieve Mr X’s desired outcomes.
5. 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

6. I will not investigate this complaint. It is reasonable for Mr X to complain to the office of the Information Commissioner which is the suitable authority to consider his right to the information he seeks.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman