Summary: We will not investigate this complaint about the Council’s failure to uphold a complaint about a parish council. There is no extra injustice from the Council’s actions which is significant enough to justify our involvement. It would also be reasonable for Ms Y to complain to the Information Commissioner’s Office about any failure by the Council to provide information she has asked for.

The complaint

1. Ms Y says the Council failed to uphold a complaint she made against the parish council for sending an email to 70 people alleging she had been warned by the police for harassment. Ms Y says this is defamatory and has negatively affected her reputation.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide any injustice is not significant enough to justify our involvement, (Local Government Act 1974, section 24A (6))
4. The Information Commissioner's Office (ICO)considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So, where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
5. 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)

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How I considered this complaint

6. I considered information provided by Ms Y and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms Y says she would like the name of the police officer and any communication which the parish council used against her.
9. The email Ms Y complained about has already been sent and Ms Y has said she is taking legal action against the parish council.
10. We cannot say the Council’s failure to uphold Ms Y’s complaint has caused her significant extra injustice which requires our involvement.
11. If Ms Y would like copies of the communication between the Council and the police, then she can make a Data Protection Act or Freedom of Information request.
12. If the Council refuses her request, then she can make a complaint to the Information Commissioners Office (ICO).
13. The ICO handles complaints about data protection and information requests. Therefore, it would be reasonable for Ms Y to contact it if the Council will not release the information she requires.

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Final decision

14. We will not investigate Ms Y’s complaint because there is no significant extra injustice from the Council’s actions requiring our involvement. It would also be reasonable for Ms Y to complain to the ICO about any failure by the Council to provide information.

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Investigator's decision on behalf of the Ombudsman