Summary: We will not investigate Miss X complaint about the actions of the Council’s children’s services. This is because complaints about data protection are better considered by the Information Commissioner and the Council’s assessments have either been considered in court or could have reasonable been raised during court proceedings.

The complaint

1. Miss X complains that the Council’s children’s services has breached data protection regulations with how it has shared her information and has recorded inaccurate information about her which has been shared in court. Miss X says this has led to her child being removed from her care.

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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 end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
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. I will not investigate Miss X’s complaint that the Council breached data protection regulations when it shared information about her. This is because this is best dealt with by the Information Commissioner’s Office (ICO). The ICO can consider complaints about data handling, including where a breach of data protection legislation has occurred.
9. I will not investigate Miss X’s complaint that the Council has recorded inaccurate information about her and her family in its assessments. This is because these either have been considered in court or could reasonable have been raised during court proceedings.

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Final decision

10. We will not investigate Miss X’s complaint because complaints about breaches of data protection are better dealt with by the ICO and because the Council’s assessments have either been considered in court or could reasonably have been raised as part of proceedings.

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Investigator's decision on behalf of the Ombudsman