Summary: We will not investigate Mr X’s complaint about children service’s actions. We cannot investigate issues which form part of Court proceedings. The Information Commissioner’s Office is better placed to consider his data protection issues.

The complaint

1. The complainant, whom I shall call Mr X, says the Council produced an unfair family assessment on him, has not disclosed police reports to him, and has been involved in obtaining court orders against him.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

Background

6. Mr X does not live with his four children. In 2021 the Council carried out a family assessment and held child protection conferences. Those conferences recommended the Council hold child protection plans for the children.
7. Mr X applied to Court for contact with his children. During those Court proceedings the Council produced a report on the children’s circumstances, called a section 37 report. The same social worker completed the family assessment in 2021 and the section 37 report. The family assessment fed into that section 37 report.

Analysis

8. Mr X’s complaint falls into three areas:
1. Mr X says the assessment was not fair on him and is inaccurate. He says the Court report was also wrong and unfair. He is not happy about when he was given the report, he says the Council should have given him it earlier than it did.

We have no power to investigate the preparation or content of either report. This includes when he was provided with a copy of them.

2. Mr X says he asked the Council for police reports which he thinks the Council has. He says the Council has not provided them to him. It is reasonable to expect Mr X to approach the Information Commissioner’s Office (ICO) if he does not believe the Council has provided him with documents or information he is entitled to see.

The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation.

There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. I consider that to be the case here and Mr X should therefore approach the ICO about his concerns.

3. Mr X says the Council applied for a non-molestation order against him. The Council says the children’s mother made the application. It confirms it did provide the Court with information. We cannot investigate this as it forms part of Court proceedings.

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Final decision

9. We will not investigate Mr X’s complaint because we cannot investigate Court proceedings and the ICO is better placed to consider his data protection complaint.

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Investigator's decision on behalf of the Ombudsman