Summary: We will not investigate this complaint the Council shared confidential information with a venue. The complaint is best dealt with by the Information Commissioner’s Office.

The complaint

1. Mr X is a member of a community group. He complained the Council shared confidential information about the group with a venue. He said following that the venue had stopped Mr X’s community group using its premises to meet. Mr X wants the Council to admit it should not have contacted the venue.

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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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate Mr X’s complaint the Council wrongly shared confidential information with the venue. That is because complaints about data protection and the sharing of personal information are best dealt with by the Information Commissioner’s Office (ICO). There is no good reason Mr X cannot take his complaint to the ICO.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman