The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about information provided by the Council to a third party used in court. This is because the matter is subject to legal proceedings. And the accuracy of the information is a matter better addressed by the Information Commissioner’s Office.
The complaint
In summary, Mr X complains the Council provided information about him, that is being used by a third party to take legal action against him. He says the information is false and he wants a written correction from the Council.
The Ombudsman’s role and powers
We cannot investigate a complaint once court action starts 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 provide a free service but must use public money carefully. We do not start 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))
How I considered this complaint
I have read Mr X’s complaint information.
What I found
We have no powers to intervene in court proceedings. Mr X can raise his objections about the information during the legal proceedings.
With respect to the accuracy of the information, Mr X can take this to the Information Commissioner’s Office (ICO). This is because the ICO is the body with specific powers and expertise to investigate if the Council acted in line with its information rights obligations.
Investigator's decision on behalf of the Ombudsman