Summary: We will not investigate this complaint alleging a confidentiality breach of data and also a claim for damages. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. This is because it is reasonable to expect the complainant to go to court and the Information Commissioner is better placed to consider the alleged data breach.

The complaint

1. In summary, Mr X alleges he was sacked after the Council sent his confidential query email to his employer. And also that the Council should pay him for damage caused to his car by a child (as his employer held a contract to transport children with special needs).

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The Ombudsman’s role and powers

2. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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
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)

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How I considered this complaint

5. I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. On the first issue: we will not investigate because the Information Commissioner - as the UK’s specialist information rights agency - is better placed to consider if the Council breached Mr X’s personal data by passing his query to his employer.
7. And secondly, we will not investigate the claim for damages as these are better decided in the courts. It is reasonable for Mr X to take the matter to court. The court is best placed to decide if the Council is liable for Mr X’s claim.

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Final decision

8. I will not investigate. This is because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect Mr X to complain to the Information Commissioner to determine any breach of his data. Further only a court can legally decide if the Council is liable for go to court.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman