Summary: We will not investigate Mrs X’s complaint about the Council’s response to safeguarding referrals raised about her and about its decision to take her son’s case to the Court of Protection. This is because there is no sign of fault in the Council’s decision not to consider her complaint whilst the case is subject to ongoing court proceedings.

The complaint

1. Mrs X complains about the Council’s handling of, and response to, safeguarding concerns that were raised against her in relation to her adult son and about its decision to take the case to the Court of Protection. Mrs X also complains about data breaches by the Council. The Council told Mrs X it would not consider her complaint whilst the court proceedings are ongoing.

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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 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)
3. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. 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

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

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My assessment

7. Mrs X complained to the Council about the matters set out in paragraph 1, above.
8. The Council told Mrs X it would not consider her complaint at this time because of the ongoing proceedings in the Court of Protection. It told Mrs X it could consider her complaint once the proceedings have concluded.
9. We will not investigate Mrs X’s complaint. This is because there is no sign of fault in the Council’s decision not to investigate her complaint whilst there are ongoing proceedings in the Court of Protection. This is a decision the Council has discretion to make, as set out in its published complaints policy. It has discretion in deciding whether to consider complaints where to do so may prejudice a concurrent investigation, including court proceedings. As set out in the Council’s response, it will be open to Mrs X to resubmit her complaint to the Council for consideration once the court proceedings have concluded.
10. The data matters Mrs X raises in her complaint are best considered by the Information Commissioner’s Office (ICO) rather than this office. The ICO is the body set up to consider and decide complaints about data matters and it is best placed to do so.

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Final decision

11. We will not investigate Mrs X’s complaint because there is no sign of fault in the Council’s decision not to consider her complaint whilst there are ongoing court proceedings.

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Investigator's decision on behalf of the Ombudsman