Summary: We will not investigate Mr X’s complaint the Council sent his personal information to a third party. This is because the Information Commissioner’s Office is better placed to consider the complaint.

The complaint

1. Mr X complains the Council shared personal information and data with a third party, which the third party relied on during court proceedings involving Mr X.
2. Mr X asked the Council to provide copies of all records showing personal information shared with the third party. He says the Council failed to investigate his complaint about the matter, instead treating it as a new Subject Access Request (SAR). Mr X complains the Council failed to fully respond to the SAR, including confirming whether it had shared any of his personal information with the third party.

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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. 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:

• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint.

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

5. 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

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X’s complaint centres on whether the Council shared personal information with a third party and the Council’s handing of his SAR. He says the Council failed to disclose certain information following his SAR. Any dispute about a data breach or the adequacy of the Council’s response to his SAR is for the Information Commissioner’s Office (ICO). The ICO is best placed to consider Mr X’s complaint because it deals with complaints about public authorities’ failures to comply with data protection legislation. So, we will not investigate this complaint.
9. It is not a proportionate use of resources to investigate the Council’s complaint handling alone when we are not considering the core issues. Any separable injustice is not significant enough to justify our involvement.

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Final decision

10. We will not investigate Mr X’s complaint the Council sent his personal information to a third party. This is because the Information Commissioner’s Office is better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman