Summary: We will not investigate this complaint about a Council officer providing false information. Another body is better placed than us to consider the complaint.

The complaint

1. Mr X said a Council officer gave false information to a third party that he had been arrested and charged with two offences.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X and the Council disagree about whether the matter complained of was raised in court. In his complaint to the Council, Mr X said the third party used the information in court.
8. However, regardless of that, we are not best placed to consider the complaint even if it is separable from court action. That is because the Information Commissioner’s Office (ICO) has powers to require rectification of inaccurate data and to impose penalties that we do not have.

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Final decision

9. We will not investigate Mr X’s complaint because another body is better placed than us to consider the matters complained of.

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Investigator's decision on behalf of the Ombudsman