The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a request for information about Business Improvement District payers. This is because the information has now been provided.
The complaint
The complainant, who I will call Mr X, complains that that the Council delayed sharing information about Business Improvement District (BID) payers, after he submitted a petition. Mr X also complains that the Council committed a data breach by sharing the petition.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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 will not investigate Mr X’s complaint about how the Council dealt with his request for information about BID payers. This is because since complaining to the Ombudsman, the Council has provided the information he requested.
I will not investigate Mr X’s complaint that the Council committed a data breach when sharing details of the petition. This is because this is a matter better dealt with by the Information Commissioner.
Final decision
We will not investigate Mr X’s complaint because the information he requested has now been provided by the Council.
Investigator's decision on behalf of the Ombudsman