Summary: Mr X says a Council officer has disclosed his personal data to a third party. We will not investigate because this complaint does not meet the tests set out in our Assessment Code on which complaints we should investigate. It is reasonable for Mr X to complain to the Information Commissioner’s office.

The complaint

1. In short, Mr X says a Council officer disclosed his personal data to a third party. Mr X would like the officer in question not to attend any future meeting.

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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’. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (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. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate. This is because it is reasonable for Mr X to refer the matter to the Information Commissioner’s Office (ICO). The ICO is the regulator for information rights, and it is best placed to consider if the Council has disclosed his personal data.

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Final decision

6. I will not investigate this complaint as the Information Commissioner is better place to consider.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman