The Ombudsman's final decision
Summary: We cannot investigate this complaint that the Council provided inaccurate information to the police, which is now going to be considered in court. This is because we cannot investigate matters that are subject to court proceedings.
The complaint
The complainant, who I will call Mr X, says the Council provided inaccurate information when it made a report about him to the police. Mr X says this inaccurate information is now going to be considered in court.
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 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) 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I cannot investigate Mr X’s complaint because it relates to a criminal investigation which has been carried out by the police and is subject to upcoming court proceedings. This places the complaint outside of our jurisdiction due to the restriction detailed in paragraph 3.
If Mr X feels the Council is holding or sharing inaccurate information about him he should raise this with the Information Commissioners Office (ICO) who are better placed to deal with such matters.
Final decision
We cannot investigate Mr X’s complaint because the matter is subject to court proceedings.
Investigator's decision on behalf of the Ombudsman