The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint that the Council shared his personal information with a third party in 2021 against data protection regulations. This is because Mr X has taken the matter to court.
The complaint
Mr X complained the Council shared his personal information with a third party in 2021 against data protection regulations. Mr X said the matter 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.
The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mr X’s complaint. This is because the information seen suggests he has started court action about the matter.
In Mr X’s emails to the Council in summer 2025 he said: “I’m in the middle of a civil claim against Hull City Council”; “I’m also seeking private prosecution against whichever person had disclosed my information”; “I have not received a response from you and as a result, the court has deemed it to be an admission of liability”; and “I’ve had to initiate criminal and civil proceedings against [Council officer] as she has breached GDPR”.
The law says the Ombudsman has no power to investigate a matter which a court has considered or is considering. Mr X’s communications indicate he has taken court action. Therefore, we cannot investigate his complaint.
Final decision
We cannot investigate Mr X’s complaint because he has taken the matter to court.
Investigator's decision on behalf of the Ombudsman