Summary: We will not investigate this complaint about how the Council handled Mr X’s personal information. The Information Commissioner’s Office is best placed to consider the matter.

The complaint

1. Mr X complained the Council shared his personal information with another member of the public. He said it also refused to provide him evidence of its communication about him with the police. Mr X said these matters have caused a risk to his personal safety and has impacted his mental and physical health. He wanted the Council to provide evidence of its communication with the police.

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The Ombudsman’s role and powers

2. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, 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 information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X’s complaint to the Council was about housing matters. The Council signposted him to the Housing Ombudsman to escalate those matters, which is the correct course of action as we could not consider the Council’s actions as a registered social housing provider.
7. Mr X confirmed he wanted us to consider the complaints I have included in paragraph 1 only, which are outside the Housing Ombudsman’s remit.
8. The outstanding matters relate solely to how the Council handled Mr X’s information. Mr X’s requests for information about himself, and his concerns his information was shared wrongly, are matters relating to the General Data Protection Regulation. The Information Commissioner’s Office is the body that considers complaints about how organisations handle personal data.
9. In the absence of a wider complaint within our remit, there is not a good reason for us to consider the matter instead. Mr X seeks a remedy that is within the Information Commissioner’s powers. We will not investigate this complaint.

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Final decision

10. We will not investigate Mr X’s complaint because the Information Commissioner’s Office is best placed to consider complaints about how organisations handle personal data.

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Investigator's decision on behalf of the Ombudsman