Summary: We will not investigate Mr X’s complaint the Council disclosed personal information about him. The Information Commissioner’s Office is best placed to deal with complaints about data protection.

The complaint

1. Mr X complained the Council disclosed personal information about him to Person B. He said that resulted in damage to his personal reputation. He wants the Council to identify who shared the information and stop targeting him.

Back to top

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:

• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

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

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. We will not investigate Mr X’s complaint the Council disclosed information about him to Person B. That is because the Information Commissioner’s Office (ICO) deals with complaints about data protection breaches. If Mr X believes the Council has misused his personal information, it is reasonable for him to complain to the ICO. In addition, the Council has confirmed it has not contacted Person B. Further investigation by the Ombudsman is unlikely to lead to a different outcome.

Back to top

Final decision

6. We will not investigate Mr X’s complaint because it is reasonable for him to complaint to the Information Commissioner’s Office.

Back to top

Investigator's decision on behalf of the Ombudsman