Summary: Mr X complaints the Council disclosed confidential information to his wife. The Ombudsman will not investigate this complaint. Mr X has already complained to the Information Commissioner’s Office, whom we consider is the appropriate body for this matter.

The complaint

1. Mr X complains the Council disclosed confidential information about correspondence he had sent to the Council. He says this caused a rift between him and his wife. He wants an investigation and compensation for the distress caused.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A (6), 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. I considered the information provided by Mr X and discussed the complaint with him.

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What I found

5. Mr X’s wife was in a dispute with her employer, the Council.
6. Mr X made several requests for information under the Freedom of Information Act without his wife’s knowledge. He says the Council accused his wife of making the requests, thus disclosing their existence to her.
7. 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)
8. During my discussion with him, Mr X confirmed he has already complained about this matter to the Information Commissioner’s Officer (ICO). He says the ICO told him the Council has infringed his rights under the General Data Protection Regulations and suggested he seek legal advice.
9. Mr X has already complained to the ICO which is the body specifically set up by parliament to consider complaints about breaches of data protection and has received a response. I have seen no reason for the Ombudsman to intervene.

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Final decision

10. I will not investigate this complaint. Mr X has already complained to the body with responsible for enforcing information rights.

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Investigator's decision on behalf of the Ombudsman