Summary: We will not investigate this complaint about the Council’s disclosure of Mr X’s confidential data. This is because he has started legal action against the Council.

The complaint

1. Mr X complained the Council disclosed information resulting in his personal safety being compromised.
2. Mr X complained he was living in fear and wanted to be compensated for the additional security needed to keep his family safe.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has confirmed it has received a legal claim received from Mr X which it is actively considering. Under these circumstances we have no remit to investigate Mr X’s complaint.

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Final decision

8. We will not investigate Mr X’s complaint because he has started legal action against the Council.

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Investigator's decision on behalf of the Ombudsman