Kingston Upon Hull City Council (25 009 047)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 07 Oct 2025
The Ombudsman's final decision:
Summary: We cannot investigate Mr X’s complaint that the Council shared his personal information with a third party in 2021 against data protection regulations. This is because Mr X has taken the matter to court.
The complaint
- Mr X complained the Council shared his personal information with a third party in 2021 against data protection regulations. Mr X said the matter caused him distress.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We cannot investigate Mr X’s complaint. This is because the information seen suggests he has started court action about the matter.
- In Mr X’s emails to the Council in summer 2025 he said:
- “I’m in the middle of a civil claim against Hull City Council”;
- “I’m also seeking private prosecution against whichever person had disclosed my information”;
- “I have not received a response from you and as a result, the court has deemed it to be an admission of liability”; and
- “I’ve had to initiate criminal and civil proceedings against [Council officer] as she has breached GDPR”.
- The law says the Ombudsman has no power to investigate a matter which a court has considered or is considering. Mr X’s communications indicate he has taken court action. Therefore, we cannot investigate his complaint.
Final decision
- We cannot investigate Mr X’s complaint because he has taken the matter to court.
Investigator's decision on behalf of the Ombudsman