Summary: We will not investigate Miss X’s complaint that the Council shared information about court proceedings with another authority without authorisation. The matter either has been or could have been raised during court proceedings, or could be taken to the Information Commissioner which is better suited to consider the matter complained about.

The complaint

1. Miss X complained the Council shared information about court proceedings with another authority without consent.
2. Miss X said the matter caused her distress.
3. Miss X wants the Council to delete the information it holds regarding the matter.

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The Ombudsman’s role and powers

4. 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))
5. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

8. We will not investigate this complaint. The issue of whether the Council should or should not have shared information with another authority could have been raised during court proceedings. It is for the court to manage this matter, and it was open to Miss X to raise it during the court process for the court to consider.
9. In any case, we would not investigate this complaint even if the issues complained about were not raised with the court. This is because Miss X could take the matter to the Information Commissioner. Parliament created the Information Commissioner to consider data processing and data protection matters. If Miss X believes the Council shared information without authorisation it is reasonable to expect her to take the matter to the Information Commissioner because it is better placed than the Ombudsman to consider these issues.

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Final decision

10. We will not investigate Miss X’s complaint because another body is better placed to consider the matter.

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Investigator's decision on behalf of the Ombudsman