Summary: We cannot investigate Miss X’s complaint about issues which are part of or closely related to continuing Court proceedings. Another body is better placed to consider her data protection complaints.

The complaint

1. The complainant, whom I shall call Miss X, complains about the actions of the Council’s children services team.

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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 about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
4. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I considered information provided by Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code.
7. I considered Miss X’s comments on a draft decision.

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My assessment

8. Miss X complains about various children services actions. This includes the failure to help and support her; the content of documents; providing information to third parties and the contact she has with her child.
9. The Council says it has had a child protection plan for Miss X’s child since November 2020. It has since started court Care Proceedings. This means it has asked the Court to decide the child’s care arrangements. The Council says those proceedings are continuing.
10. The Council replied to a complaint from Miss X earlier this year. It says it will not progress this complaint while the Court proceedings continue as it did not want to risk prejudicing those proceedings.
11. We cannot investigate the same issues a Court is considering. This means we could not investigate issues closely related to the child’s care. This includes the support to Miss X, her contact with her child and the views it holds about her.
12. Parliament set up the Information Commissioner’s Office (ICO) to consider data protection disputes. This includes whether Miss X is entitled to have documents she seeks and whether the Council wrongly gave information to third parties without her consent. The ICO is better placed than us to consider these complaints.

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Final decision

13. We will not and cannot investigate this complaint. This is because we cannot investigate issues which are part of legal proceedings and the ICO is better placed to consider her data protection complaints.

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Investigator's decision on behalf of the Ombudsman