The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about matters related to the Council’s data handling. It is reasonable to expect Mr X to take the matter to the Information Commissioner’s Office.
The complaint
Mr X complains that the Council shared sensitive and incorrect information about him with a third party.
Mr X seeks compensation for defamation of character.
The Ombudsman’s role and powers
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.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mr X’s complaint. If he remains unhappy after completing the Council’s complaints process, it is reasonable for him to complain to the Information Commissioner’s Office. It is the appropriate body to consider such complaints.
Further, Mr X seeks compensation for defamation of character. However, only the courts can decide on compensation for defamation, and it is reasonable to expect Mr X to take any claim to court.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to take the matter to the Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman