Summary: The Ombudsman will not investigate Mr B’s complaint the Council breached his confidentiality by publishing online an email from another council about him. A complaint about a failure to properly manage personal data is better considered by the Information Commissioner.

The complaint

1. The complainant, whom I shall call Mr B, complains an officer published a libellous email about him online. Mr B also complains the Council has refused to investigate his complaint about this matter.

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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 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 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)

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How I considered this complaint

5. I considered the information provided by Mr B and I sent a draft decision to him and invited comments before I made my final decision.

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What I found

6. In 2018, Mr B contacted all the City Council’s councillors to raise concerns about an officer (Officer X) who had recently moved to Bristol City Council (‘the Council’) from a different authority (Council B).
7. Bristol City Council made enquiries of Council B and received an email response. Mr B complains the Council published this response online on the ‘WhatDoTheyKnow’ website even though the email contained untrue and inaccurate information about Mr B. The email remained on the website for one month until the Council removed it.
8. Whether the Council has failed to meet its obligations regarding the handling of personal data is a matter that is better considered by the Information Commissioner. The Ombudsman will not therefore investigate this complaint.
9. Mr B asked the Council to consider his complaint about publishing the email. The Council declined.
10. The Ombudsman has a general discretion whether to start an investigation into a complaint. It is not a good use of public resources to investigate complaints about complaints procedures if we are not investigating the substantive issue. The Ombudsman will not therefore investigate Mr B’s complaint about the Council’s complaints process.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because the Information Commissioner is better placed to consider a complaint about data handling.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman