Summary: We will not investigate this complaint about the Council’s failure to disclose information about a third party who is a tenant in a property which the complainant owns. It would be reasonable for the complainant to make a formal subject access request and if this is unsuccessful there is another body better placed to consider the matter.

The complaint

1. Mr X complained about the Council refusing to disclose information about a tenant in a property which he owns which he says has resulted in difficulty in finding insurance cover for the building which he believes is unoccupied.

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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:

• further investigation would not lead to a different outcome, or
• 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 have considered the information provided by the complainant and the Council’s responses.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says the Council is refusing to disclose details of the tenant who is occupying a property which he owns and rents out. He says he believes there may be safeguarding issues relating to the tenant and that he needs to be notified of their occupation or alternative care accommodation so that he can ensure the property is adequately insured.
6. The Council has told Mr X that it cannot disclose the details he is requesting due to restrictions placed on it by the provisions of the General Data Protection Regulations (GDPR). It says it has not received consent from the tenant or their representative and so the data access is exempt from disclosure.
7. We cannot determine if the information restricted by the Council should be disclosed. Mr X could make a formal Subject Access Request under the GDPR and if the Council confirms that the disclosure is exempt under the Data Protection Act 2018 provisions then he could make a complaint to the information Commissioner . This is the proper authority for considering if an authority has applied the legislation correctly.

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Final decision

8. We will not investigate this complaint about the Council’s failure to disclose information about a third party who is a tenant in a property which the complainant owns. It would be reasonable for the complainant to make a formal subject access request and if this is unsuccessful there is another body better placed to consider the matter.

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Investigator's decision on behalf of the Ombudsman