The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint alleging false information was provided to a third party about him. This is because there is no worthwhile outcome achievable.
The complaint
Mr X complains the Council provided a false allegation to a third party that he is being controlled by his wife.
Mr X says this could undermine any future power of attorney choice by him.
Mr X wants the Council to resolve the ‘process issue’ that led to inaccurate information about him being shared with 3rd parties. He would also like an apology for the distress caused to him and his wife.
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) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide: there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A (6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant which includes responses from the Council.
I also considered the Ombudsman’s Assessment Code.
My assessment
Mr X believes the Council has shared inaccurate and inflammatory information about him to a third party. And that it failed to disclose this information to him Mr X raised his concerns with the Information Commissioner (ICO). The ICO was satisfied with the explanation the Council provided to it for withholding information.
Concerns relating to the lawfulness, accuracy, redaction or disclosure of personal data fall under the remit of the ICO. Where a data rights complaint has already been determined by the ICO, we will not investigate the same issues.
Mr X has framed his complaint as a process issue however the core of his complaint concerns subject access and data withholding matters. As the ICO - as the regulator for information rights matters - has already decided not to pursue Mr X’s concerns, we will not investigate as we could not conduct a meaningful investigation without re-examining information governed by data protection legislation.
This decision does not prevent Mr X from taking legal action in court against the Council, as the ICO has already informed him.
Final decision
We will not investigate Mr X’s complaint because there is no worthwhile outcome achievable.
Investigator's decision on behalf of the Ombudsman