Summary: We will not investigate Mrs X’s complaint about a social worker’s actions in relation to family court proceedings because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that are being, or have been, considered in court. We have no discretion to do so. The data matters Mrs X raises are best considered by the Information Commissioner’s Office.

The complaint

1. Mrs X complains about a social worker’s actions in relation to ongoing family court proceedings. Mrs X says the social worker lied in a court ordered report; discussed her daughter with third parties without parental responsibility; incorrectly shared her address with a third party and lied based upon a fake family court judgement and final order which she did not have the court’s permission to have or use.

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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.
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. Mrs X complains about the social worker’s actions as set out above.
9. The Council told Mrs X the issues raised in her complaint relate to, and are not separable from, the ongoing family court proceedings and so it will not consider the complaint further.
10. We cannot investigate Mrs X’s complaint about the social worker’s court report and evidence she has provided to the court because it lies outside our jurisdiction. The law prevents us from considering complaints about matters that are being, or have been, considered in court. This restriction also applies to the writing and submission of reports and evidence to the court. Mrs X’s concerns on these points should be raised to her legal representative during the proceedings so that the court can consider them before reaching a decision.
11. The data matters Mrs X raises are best considered by the Information Commissioner’s Office as it is the body set up to consider complaints about data matters such as these. We will not also consider them.
12. Mrs X’s complaint that the social worker has used documents without the court’s permission is a matter for the court to consider. It is not a matter we can decide or resolve via an investigation. Also, it is not separable from the ongoing proceedings and so we cannot consider it.

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Final decision

13. We will not investigate Mrs X’s complaint because the crux of the complaint lies outside our jurisdiction because it is made in relation to matters that are subject to court proceedings. We will not consider Mrs X’s complaint about data matters because it is a matter the Information Commissioner’s Office is best placed to consider and decide.

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Investigator's decision on behalf of the Ombudsman