The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s disclosure of inaccurate information to his employer. This is because he has raised the matter as a possible breach of data protection with the Information Commissioner and it would be reasonable for him to seek a remedy at court.
The complaint
The complainant, Mr X, complains the Council wrongly disclosed inaccurate information about him to his employer. He says that as a result he lost his job and he wants the Council to pay him for his loss of income.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
The Council believes it acted correctly in disclosing the information to Mr X’s employer and whether this is correct is a matter for the Information Commission. Mr X confirms he has complained to the Information Commissioner and once he has received their decision he may go to court to claim damages against the Council.
We would not recommend a remedy based on a loss of earnings; the determination of such claims is more appropriate for the courts. We therefore consider it would be reasonable for Mr X to await the Information Commissioner’s decision and take the matter to court.
Final decision
We will not investigate this complaint. This is because Mr X has referred the matter to the Information Commissioner and it would be reasonable for him to seek a remedy against the Council at court.
Investigator's decision on behalf of the Ombudsman