Summary: We will not investigate Mr X’s complaint about matters related to the Council’s data handling. This is because we cannot achieve the outcome he wants.

The complaint

1. Mr X complains the Council failed to comply with data protection law. He wants the Council officer disciplined for breaching the law.
2. He also complains the Council discriminated against him after he complained.

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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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

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

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My assessment

7. The Council accepted it shared Mr X’s data with third parties in error. Mr X says the Council’s apology on the matter is insufficient. He wants the staff responsible disciplined. It is not within the Ombudsman’s remit to make this recommendation; therefore, I will not investigate Mr X’s complaint. We cannot achieve the outcome he wants.
8. Mr X’s complaint about a Council officer discriminating against him is premature. It is reasonable to allow the Council an opportunity to investigate and reply to this aspect of his complaint. Therefore, I will not investigate.

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Final decision

9. We will not investigate Mr X’s complaint because we cannot achieve the outcome he wants.

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Investigator's decision on behalf of the Ombudsman