Summary: We cannot investigate Mr X’s complaint about the Council’s involvement in a report produced for use in court. This is because the issues Mr X has raised about the report cannot be separated from matters to be considered in court. They are therefore outside our jurisdiction. We will not look at complaint handling as a standalone issue. Mr X’s concerns about data protection breaches are best considered by the Information Commissioner's Office.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained about a Section 37 report produced by a council social worker for use in court. Mr X says the report is inaccurate and the social worker is biased. Mr X is unhappy about possible arrangements for his children to visit their sibling who is in care. The Council has said it will not investigate his complaint because of ongoing court proceedings. Mr X also complained the Council has breached his personal data.

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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)
5. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
6. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) 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

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

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My assessment

9. Under Section 37 of the Children Act 1989, a court may ask a Council to provide a report about the welfare of a child, and to consider whether it should be taking further steps to protect the child.
10. At the heart of this complaint is the content of a Section 37 report. It is not therefore one we can investigate. By law, matters about reports completed for a court, including their preparation and content, fall outside the Ombudsman's jurisdiction. Any concerns Mr X has about the report can be raised in court.
11. We could also not separate the social worker’s actions from content of the report. If Mr X has concerns about the professionalism or conduct of individual social workers, he can contact Social Work England, as the relevant professional body.
12. Mr X is unhappy the Council will not investigate his complaint because of the ongoing court proceedings. He says his calls about a social worker have not been returned. But we will generally not investigate a council’s complaint handling as a standalone issue. We also have no powers to investigate a council’s actions about a matter which itself is outside our jurisdiction. This applies here.
13. Mr X’s concerns about data protection are best considered by the ICO. It 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. This includes disclosing information in error.
14. 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. Mr X should therefore approach the ICO about any concerns he has about the Council breaching his personal data.

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Final decision

15. We will not investigate Mr X’s complaint because we cannot consider complaints about court action or matters which can reasonably be raised in court. It is not a good use of our resources to look at complaint handling as a standalone issue. Complaints about data protection are best considered by the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman