Summary: We will not investigate Mr X’s complaint about a data protection breach; poor communication and a report by Children’s Services. This is because there is no sign of fault in the Council’s decision not to investigate his complaint whilst there is an ongoing police investigation.

The complaint

1. Mr X complains about a data protection breach and a report the Council completed which he says is biased against him; defames his character; makes subjective assumptions and contains incorrect information. Mr X says his family’s life has been ruined as a result. He also complains about poor communication from the Council

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The Ombudsman’s role and powers

2. 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, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X complained to the Council about the matters set out in paragraph 1, above.
7. The Council told Mr X it would not currently consider his complaint via its complaints procedure. This is because there is an ongoing police investigation into related matters. It explained that it has discretion not to consider a complaint whilst there are ongoing proceedings. It considered there would be a risk of prejudicing the ongoing investigation were it to carry out a concurrent complaint investigation. It told Mr X he can resubmit his complaint for consideration once the police investigation and any court proceedings have concluded. It explained it cannot investigate matters which were, or could have been, raised during the police investigation or any subsequent court proceedings via its complaints procedure
8. We will not investigate Mr X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider his complaint whilst there is an ongoing police investigation. As set out in the Council’s response, this is to ensure the investigation is not put at any risk of being prejudiced by a concurrent complaint investigation. It is a decision the Council has discretion to make in line with the statutory guidance and it has clearly explained its decision. It will be open to Mr X to resubmit his complaint to the Council once the investigation and any subsequent court proceedings have concluded so that it can decide whether there are any residual issues it can consider via its complaints procedure.
9. Mr X’s complaint about data issues is best considered and decided by the Information Commissioner’s Office. It is the body set up to consider data issues, such as this, and so it is best placed to consider it.

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Final decision

10. We will not investigate Mr X’s complaint because there is no sign of fault in the Council’s decision not to investigate his complaint whilst there is an ongoing police investigation.

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Investigator's decision on behalf of the Ombudsman