Summary: We will not investigate this complaint about the Council contacting Mr X's former partner. This is because the Information Commissioner’s Office is best placed to consider Mr X’s complaint.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained the Council contacted his former partner. Mr X says there is no current involvement between his family and the Council’s Children’s Services Team. Mr X wants to know why the Council contacted his former partner. Mr X says the Council’s actions led to a visit from the Police. The Council has refused to give Mr X the information he wants.

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The Ombudsman’s role and powers

2. 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))
3. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about data protection. This includes complaints about access to information. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not start an investigation into Mr X’s complaint. This is because the issue at the heart of this complaint is about the information Mr X is entitled to.
7. The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes failing to disclose information somebody is entitled to.
8. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about access to information, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. Mr X should therefore approach the ICO about his concerns. The ICO can decide what information Mr X has the right to access. This is not a decision the Ombudsman can take. It is therefore reasonable for Mr X to approach the ICO and we will not investigate.

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Final decision

9. We will not investigate Mr X’s complaint. This is because it is reasonable for him to go the Information Commissioner's Office. It is the body best placed to consider his complaint.

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Investigator's decision on behalf of the Ombudsman