Summary: We will not investigate this complaint about assessments carried out by the Council because it concerns matters which are inextricably linked to matters considered in court. We will not investigate the disclosure of the complainant’s personal information because the Information Commissioner is better placed to do so.

The complaint

1. The complainant, who I will refer to as Mr X, complains that the Council has been at fault in assessing whether he poses a risk to his partner’s children and in sharing confidential information about him with a third party.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. 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 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X’s partner’s children are the subject of private law proceedings. Mr X has an offending history which he says he disclosed to his partner. Subsequently CAFCASS, which was involved with the family due to the private law proceedings, asked the Council to consider the matter. It carried out an assessment which Mr X says identified no safeguarding risk associated with him having contact with the children.
8. When the case later came back to court due to an alleged breach of the child arrangement order, the Council identified that the assessment it previously carried out had been inadequate. It initiated an investigation under Section 47 of the Children Act 1989. The Court also directed the Council to complete a Section 37 report.
9. In the course of these actions, the Council disclosed information relating to Mr X’s offending to the children’s father. Mr X says the information was disclosed without his consent. He regards the disclosure as damaging and unwarranted.
10. In response to Mr X’s complaint, the Council has apologised for the inadequacy of the previous assessment. It does not however accept that it was at fault in disclosing the information to the children’s father, or in carrying out the new assessment.
11. The Ombudsman will not investigate Mr X’s complaint about the disclosure of his information. The Information Commissioner’s Office is better placed than the Ombudsman to consider complaints about data protection. If Mr X is not satisfied with the response he has received from the Council, his recourse is to bring his concerns to the attention of the Information Commissioner.
12. Given that the Council has apologised for the inadequate assessment and has remedied this fault by initiating a forensic risk assessment to properly consider the issues, there is nothing further for the Ombudsman to achieve in this regard. The fact that the new assessment is being carried out in the context of a Section 37 report places it outside our jurisdiction.
13. Section 37 reports are carried out by social workers but are the property of the Court. The law says the Ombudsman cannot consider what happens in court, and the courts have decided that this restriction applies to anything inextricably linked to those matters. This applies to the content and production of Section 37 reports. We cannot therefore investigate Mr X’s complaint.

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Final decision

14. We will not investigate Mr x’s complaint because it concerns matters which are inextricably linked to matters considered in court, or which may be brought to the attention of the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman