Summary: Mr B complains the Council reported his behaviour to the police but has refused to provide him with a copy of its report. The Ombudsman will not investigate the complaint because the Information Commissioner is the body best placed to address complaints about data protection.

The complaint

1. The complainant, who I refer to as Mr B, says the Council reported his behaviour to the police but has refused to provide him with a copy of its report. He says he feels victimised and anxious about the matter.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
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. In considering the complaint I spoke to Mr B and reviewed the information he and the Council provided. I gave Mr B the opportunity to comment on my draft decision and considered what he said.

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What I found

5. Mr B contacted the Council to report a nuisance being caused to him by his neighbour. During a telephone conversation between Mr B and the Council officer dealing with him, Mr B became, by his own admission, frustrated and angry. The Council says that due to the violent threats Mr B made it considered there was a threat to public safety and reported his behaviour to the police. Mr B says he did not make any violent threats and that the police officer who came to see him as a result of the Council’s report had an aggressive attitude which caused him upset.
6. Mr B complained to the Council and asked for a full copy of the records in relation to this matter, including its report to the police. The Council responded to his complaint and his subject access request and told Mr B he had been sent all the information it had.

Assessment

7. Mr B confirmed that his complaint now is solely about the report being made to the police about his behaviour and the Council’s refusal to tell him what was said in that report.
8. The Council responded to his service access request but says it does not have a record of the report made to the police. If Mr B wishes to pursue this matter further he can contact the Information Commissioner and as we generally expect complainants to refer data protection matters to this body we will not investigate the complaint.
9. I note Mr B’s comments about the actions of the police officer who visited him but this matter cannot be investigated by the Ombudsman as the police do not fall within our jurisdiction.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because the Information Commissioner is the body best placed to address complaints about data protection.

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Investigator's decision on behalf of the Ombudsman