Summary: We will not investigate this complaint the Council tried to obstruct a Police investigation. That is because there is not enough evidence of fault to justify our involvement.

The complaint

1. Miss X complained the Council deliberately gave the Police incorrect information to obstruct its investigation into antisocial behaviour. She said this was a breach of general data protection regulations (GDPR). She said the Council delayed in responding to her complaint.
2. Miss X also complained the Council had sent her a warning about her contact with it. She said the Council is harassing her. Miss X wants the Council to reverse the warning and to stop its harassment of her.

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The Ombudsman’s role and powers

3. 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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We have previously considered Miss X’s complaints about:
• how the Council dealt with her reports of antisocial behaviour, and
• the Council warning Miss X about its vexatious complainant policy.
7. Therefore, will not consider these complaints further.
8. We will also not investigate Miss X’s complaint the Council has obstructed a Police investigation into antisocial behaviour. The Police asked the Council to provide her neighbour’s landlord details. The Council provided Miss X’s landlord’s details in error. It then corrected this and provided the correct details. It is not a breach of Miss X’s personal information if the Council shared her landlord’s details with the Police. There was not delay in it providing the requested information. There is not enough evidence of fault to justify our involvement.
9. The Council responded to Miss X’s concerns the day after she contacted it. It sent her a chronology of its contact with the Police. It offered to meet with her to discuss her concerns. Although the Council did not send a stage two complaint response for several months, I am satisfied it dealt with Miss X’s concerns promptly. There is not enough evidence of fault to justify our involvement.

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Final decision

10. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman