Summary: We will not investigate Mr X’s complaint that council officers have made statements and allegations against his business and employees that has damaged his reputation. This is because we cannot provide a remedy for these issues, which the courts are better placed to consider. We will not investigate Mr X’s complaints of harassment and disclosure of personal information to third parties as these matters are more appropriate for consideration by the police and the Information Commissioner.

The complaint

1. The complainant, Mr X, alleges council officers committed libel, slander, defamation and harassment against his business and one of his employees. He says the Council has failed to properly investigate the matter and claims it has breached the General Data Protection Regulation (GDPR) by sharing personal data to third parties. Mr X claims damage to his reputation and that of his company and says he wants compensation.

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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:

• there is another body better placed to consider this complaint, or
• we cannot achieve the outcome the person wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
5. 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

6. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

7. It is not our role to investigate allegations of libel, slander, defamation or harassment, or to provide compensation for reputational damage. These are matters for the courts and the police. We also consider the Information Commissioner is better placed to deal with any potential breaches of the GDPR and if Mr X wants compensation for this he may make a claim against the Council at court.

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Final decision

8. We will not investigate this complaint. This is because the issues Mr X has raised are more appropriate for consideration by the courts, the police and the Information Commissioner. We cannot provide Mr X with a remedy for reputational damage.

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Investigator's decision on behalf of the Ombudsman