Summary: We will not investigate Mrs X’s complaint about the Council’s disclosure of historical allegations made against her in a document. This is because there is another body better placed to consider this complaint.

The complaint

1. Mrs X complains that the Council disclosed historical allegations made against her which caused distress to her and her family.

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

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How I considered this complaint

3. I considered information provided by the complainant which includes the Council’s response.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X complains the Council included historical allegations made against her in an assessment document.
6. The Council says the information forms part of a historical background and was considered necessary to include. The Council advised her if she remained dissatisfied, with how the information was processed, she could complain to the Information Commissioner’s Office (ICO).
7. We will not investigate. This is because the central issue is the disclosure and processing of personal information. The ICO is better placed to consider if the Council has complied with data protection duties as the regulator for information rights.

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Final decision

8. We will not investigate Mrs X’s complaint because there is another body better placed.

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Investigator's decision on behalf of the Ombudsman