Summary: We will not investigate this complaint about information the Council disclosed about him in court. This is because the law does not allow us to investigate anything that has formed part of legal proceedings.

The complaint

1. The complainant, who I will call Mr C, complains that the Council incorrectly disclosed information about him in court. Mr C says this was a breach of GDPR.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. I cannot investigate Mr C’s complaint that information about him was incorrectly disclosed in court. The law does not allow us to investigate anything that forms part of legal proceedings.
8. Furthermore, if Mr C believes the Council has breached GDPR he can complaint to the Information Commissioner who is better placed to investigate complaints about breaches of data protection.

Back to top

Final decision

9. I cannot investigate Mr C’s complaint because the matter has been subject to court proceedings.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman