The Ombudsman's final decision
Summary: We will not investigate this complaint about Mr X’s personal information made available on a public register by the Council. This is because there is not enough evidence of fault.
The complaint
Mr X complains about his personal details being included on a public register by the Council. Mr X says this has caused him to be stalked.
The Ombudsman’s role and powers
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 not enough evidence of fault to justify investigating.
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 considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has investigated Mr X ‘s concerns. It explains that the law requires it to maintain a register of properties under s232 of the Housing Act 2004. And that Mr X’s details are included as a holder of a property licence.
We will not investigate as Mr X’s information has been included in a publicly available register due to his status as a property licence holder. This is in line with the law. Therefore, there is not enough evidence of fault to justify investigating.
Further, as Mr X considers his personal data is being misused, he may wish to raise his complaint to the Office of the Information Commissioner. This is the national regulator for information rights matters and is better placed to consider.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman