Summary: We cannot investigate this complaint about the Council’s interactions with the complainant during safeguarding investigations and a data breach. This is because the complainant has started court proceedings about these matters.

The complaint

1. The complainant, who I will call Miss X, complains about the Council’s interactions with her during safeguarding investigations. She also complains that the Council disclosed her personal information to a third party.

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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. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(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. I cannot investigate Miss X’s complaint. This is because she has started court action about the matter. This therefore places her complaint outside of our jurisdiction.

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Final decision

7. We will not investigate Miss X’s complaint because she has started court action about the matter.

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Investigator's decision on behalf of the Ombudsman