Summary: We will not investigate Mr X’s complaint about how the Council has dealt with safeguarding concerns raised about his children. This is because there is insufficient evidence of fault by the Council, the Information Commissioner is better placed to deal with Mr X’s concerns about a data breach, and the courts are better placed to make decisions about who his children live with.

The complaint

1. Mr X complains about how the Council has dealt with matters concerning the care of his children. He says the mother of his children is unfit to look after their children and the Council has failed to deal with his safeguarding concerns. Mr X says there has been breaches in data protection.

Back to top

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 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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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))
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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. I will not investigate Mr X’s complaint that the Council failed to deal with safeguarding concerns. This is because there is insufficient evidence of fault. The children no longer live in the Council’s area and so the Council has correctly signposted Mr X to the correct Council.
8. Mr X is unhappy with the living arrangements for his children. The Council has directed Mr X to the courts. I will not investigate this complaint as the courts are better placed to consider care and contract arrangements.
9. I will not investigate Mr X’s complaint that the Council has committed a data breach. This is because the Information Commissioner’s Office (ICO) is better placed to consider complaints about data protection.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because there is insufficient fault in how the Council dealt with his safeguarding concerns. The courts are better placed to determine his children’s living arrangements and the ICO are better placed to consider his complaint about possible data breaches.

Back to top

Investigator's decision on behalf of the Ombudsman