Summary: We will not investigate Mr X’s complaint about an allegation of inaccurate information supplied to third parties. It is reasonable to expect Mr X to apply to Court.

The complaint

1. Mr X says the Council supplied inaccurate information to third parties which caused his business to collapse.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

3. I considered information provided by Mr X which included a Council reply to him.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says the Council in April 2024 told his customers inaccurate information about his business. He says they withdrew their custom and he had to close his business. He says he lost money and reputation as a result.
6. The Data Protection Act 1998 section 13, provides Mr X with a right to apply to Court for damages for any breach of that Act. Providing inaccurate information to third parties can be a breach of the Data Protection Act. It is reasonable to expect Mr X to use this right because his complaint is on behalf of a business and because of the nature of the information disclosed.

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Final decision

7. We will not investigate Mr X’s complaint because it is reasonable to expect him to apply to Court.

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Investigator's decision on behalf of the Ombudsman