The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about data processing and data retention. This is because some of the information complained about is being considered by the courts. In addition, Mr X has taken the matter to the Information Commissioner’s Office which is best placed to consider this type of complaint.
The complaint
Mr X complained the Council unlawfully obtained and processed his personal data. Mr X also complained about the Council’s decision to retain his information.
Mr X says the matter has caused him distress.
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 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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
Mr X asked the Council to delete information he says was obtained and processed unlawfully, including being used for a social worker’s report for court. The Council wrote to Mr X and said it would not delete the information because it had a lawful basis to retain the data.
We will not investigate this complaint. Some of the information Mr X complained about is being considered by the courts, and the law says we cannot investigate matters about what happens or happened in court. This includes any reports made by a social worker for the purpose of a court hearing.
We could investigate matters relating to information not considered by the courts. However, Mr X has already taken his complaint to the Information Commissioner’s Office (ICO). The ICO is the statutory body created to consider this type of complaint and is best placed to investigate the matters raised. It is therefore reasonable for Mr X to pursue his complaint through the ICO, and we will not consider the matter further.
Final decision
We will not investigate Mr X’s complaint because we cannot investigate about matters being considered in court, and there is another body better placed to consider the complaint.
Investigator's decision on behalf of the Ombudsman