Summary: We will not investigate this complaint about the Council’s disclosure of Mr X’s personal data or its failure to include him in an important meeting. This is because complaints about personal data are best dealt with by the Information Commissioner’s Office and the remaining issues are inextricably linked to ongoing proceedings taking place in court.

The complaint

1. Mr X complained a Council employee disclosed personal information without his consent. He also complained the Council failed to include him in an important meeting.

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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. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X complained a Council employee disclosed personal data without his consent. He also complained the Council excluded him from an important meeting.
9. We will not investigate complaints where there is another body better placed to oversee the complaint. The Information Commissioner’s Office (ICO) was set up to deal with complaints regarding personal data disclosure; it would be reasonable for Mr X to refer this part of the complaint to the ICO.
10. The Ombudsman will not investigate complaints that are inextricably linked to matters taking place in court. The Council has explained to Mr X that he can complain about missing the meeting once current court proceedings have finished. It is open to him to raise this complaint to the Council once proceedings have concluded.

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Final decision

11. We will not investigate Mr X’s complaint because complaints about personal data are best dealt with by the Information Commissioner’s Office and the remaining issues are inextricably linked to ongoing proceedings taking place in court.

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Investigator's decision on behalf of the Ombudsman