Summary: We will not investigate Mr X’s complaint about children services actions. We cannot investigate a CAFCAS report or matters which have been part of legal proceedings. The Information Commissioner's Office is better placed to consider his data protection complaints.

The complaint

1. The complainant, whom I shall call Mr X, says the Council holds inaccurate information about him, has disclosed this to another body and has failed to investigate his safeguarding referrals.

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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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
5. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as CAFCASS. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

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

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My assessment

8. Mr X says the Council’s children services team holds inaccurate information about him. He says it gave that information to CAFCASS who included it in a Court report on his grandchild’s welfare. He says this means he is not able to see his grandchild.
9. Mr X says the Council failed to properly investigate his allegations that his grandchild’s maternal family alienated his grandchild against him, and they do not care for the grandchild properly.

Analysis

10. We cannot investigate the accuracy of CAFCASS’ Court report, as they are not a body which we have the power to investigate. And we cannot investigate Court ordered reports.
11. We cannot investigate Mr X’s grandchild’s care, including whether there is suitable safeguarding in place, as the Court has recently considered their care.
12. Mr X has the right to request records are ‘rectified’. This means any factual inaccuracies are corrected. If the Council refuses to do so, he can complain to the Information Commissioner’s Office (ICO). He can also complain to the ICO about disclosing inaccurate information to other bodies.
13. Parliament set up the ICO to consider data protection disputes which includes ‘right to rectification’ disputes. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. 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.

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Final decision

14. We will not investigate Mr X’s complaint because we cannot investigate a CAFCASS report, or matters which have been part of Court proceedings. The ICO is better placed to consider his data protection complaints.

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Investigator's decision on behalf of the Ombudsman