Summary: We will not investigate this complaint that the Council recorded inaccurate information about them and shared that information in court. This is because the Information Commissioner is better placed to consider the complaint and the law prevents us from investigating what happened in court.

The complaint

1. X complains that the Council has recorded inaccurate information about him and has shared this during court proceedings. X wants to know where the information has come from, who it has been shared with and wants inaccurate records amended.

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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))
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)
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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I cannot investigate X’s complaint that the Council shared inaccurate information about them during court proceedings. This is because the law prevents us from investigating what happens during court proceedings. This includes the Council’s actions in gathering evidence to submit to the court.
8. I will not investigate X’s complaint that the Council held and processed inaccurate information about them. This is because the (ICO) is better placed to deal with the matter. The ICO enforces data protection legislation.  The ICO can investigate complaints about data protection and it is reasonable for X to complain to them.   

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Final decision

9. We will not investigate X’s complaint because the Information Commissioner is better placed to consider the complaint and the law prevents us from investigating what happened in court.

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Investigator's decision on behalf of the Ombudsman