Summary: We will not investigate this complaint about the Council’s assessment of Y’s family. This is because this relates to matters which were before a court and the law does not allow us to investigate these complaints. We will also not investigate Y’s complaint about data protection as the Information Commissioner is the body set up in law to deal with these complaints.

The complaint

1. Y complains the Council provided inaccurate and false information about her in an assessment about her children. Y says the Council also shared personal medical information with her abusive ex-partner and failed to arrange contact between her and her children as ordered by a court.
2. Y says the Council’s actions have had a detrimental impact on her mental and physical health.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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

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

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My assessment

8. We cannot investigate Y’s complaint about the Council’s assessment of her family. This is because this assessment was prepared for the court and we cannot investigate what happened in court. If Y believes the Council has failed to comply with a court order she should also raise this with the court.
9. The Information Commissioner deals with complaints about data protection. If
   Y believes the Council has shared her personal information with someone without her consent she can complain to the Information Commissioner. The Information Commissioner is the body set up in law to investigate these complaints and I cannot see any reason for us to consider this matter.

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Final decision

10. We will not investigate Y’s complaint because it is about matters which were before a court. We will also not investigate Y’s complaint about data protection concerns as the Information Commissioner is best placed to deal with this matter.

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Investigator's decision on behalf of the Ombudsman