Summary: We will not investigate Mr X’s concerns about the accuracy of information the Council provided to be used for a court report. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect Mr X to raise his concerns at court.

The complaint

1. Mr X complains the Council provided ‘factually inaccurate information’ to another agency concerning himself. The other agency used it for a court report.
2. Mr X says the information will be used in his ‘upcoming court hearing’. He says the ‘harm caused by this misrepresentation is far-reaching’ as ‘the court may view (Mr X)….as a greater risk than he actually is’.

Back to top

The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start with an investigation if we think the issues could reasonably be or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
5. 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))

Back to top

How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

My assessment

8. Based on the information Mr X provided in his initial complaint form to us, the Ombudsman will not investigate. This is because it is reasonable to expect Mr X to raise his concerns with a court report at court.
9. Mr X has recently informed me that no court action is currently underway. The Information Commissioner's Office (ICO) is better placed to consider (as the UK's independent authority on information rights matters). It is best placed to decide if the Council holds accurate information concerning Mr X as required under the UK General Data Protection Regulations.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because it is reasonable to expect him to raise it at court.

Back to top

Investigator's decision on behalf of the Ombudsman