The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council was wrong to report him to the Police. There is not enough evidence of fault to justify an investigation. In relation to his complaint about data sharing, the Information Commissioner’s Office would be better placed to consider these matters.
The complaint
Mr X complained the Council reported him to the Police based on what he believed to be false information. Mr X said this led to him being arrested, which caused him stress.
Mr X also complained the Council would not share further information with him about the reason it reported him. Mr X says he asked for this information to understand why the Council acted as it did.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We cannot investigate a complaint if it is about action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. (Local Government Act 1974, Schedule 5, Section 26, paragraph 2 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Following a number of incidents involving behaviour the Council considered threatening, it raised its concerns with the Police. The Police subsequently arrested Mr X.
Where a council makes a decision without fault, we will not criticise the outcome. In this case, the Council considered Mr X’s behaviour and several texts he had sent Council officers and decided the appropriate course of action was to refer the matter to the Police. There is no evidence of fault in how the Council made that decision and so we will not investigate it further.
Any subsequent actions taken by the Police are not matters we have the powers to investigate.
Mr X’s complaint that the Council would not share further information with him relates to the sharing of data, which would be better considered by the Information Commissioner’s Office (ICO).
As we cannot investigate the substantive matters of the complaint, we will not investigate the Council’s handling of the complaint because it is not proportionate to do so.
Final decision
We will not investigate some of Mr X’s complaints because there is not enough evidence of fault to justify an investigation. The other matters would be better considered by the ICO.
Investigator's decision on behalf of the Ombudsman