The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council failing to provide information requested by the complainant. This is because the Information Commissioner’s Office is better placed to consider the matters raised.
The complaint
The complainant, whom I refer to as Mr X, complains the Council will not provide information he has requested about who made a Child Protection allegation against him.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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)
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X states a malicious allegation was made against him. He is dissatisfied the Council has not released the details of the source of the accusation, as he wants to take legal action against them.
We will not investigate this complaint. It is reasonable for Mr X to bring the matter to the attention of the Information Commissioner’s Office as it is better placed than the Ombudsman to consider complaints about data protection and the release of information.
Final decision
We will not investigate this complaint because it is about a request for information, and it is a matter that can be referred to the Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman