Summary: We cannot investigate this complaint about what the Council wrote about Mr X. This matter is closely related to matters that either were or could reasonably have been raised during court proceedings regarding Mr X’s child. A legal bar permanently prevents us investigating these matters.

The complaint

1. Mr X said the Council had written things about him that were false, confusing his identity with another person, and refusing to remove them.

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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 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)

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How I considered this complaint

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

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My assessment

7. Mr X’s complaint comes in the context of court action regarding the care of children, where the Council was asked by a court to write a report. Although Mr X says the Council has defamed him with false information, it would be reasonable for that matter to have been raised during court proceedings, as well as Mr X’s dissatisfaction with the actions and opinions of social workers evident in his complaint to the Council. The legal bar that prevents us investigating these matters is wide and permanent, regardless of the seriousness of the matters complained of.
8. Even if the matters complained of were separable from matters subject to court action, the Information Commissioner (ICO) would be better placed than us to consider them. This is because the ICO has powers we lack to require the rectification of data errors and to impose penalties.

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Final decision

9. We cannot investigate Mr X’s complaint because the matters he complains of are closely linked to matters that have or could reasonably have been raised during court action.
10. Even if the matters complained of were separable from matters subject to court action, another body has powers we lack to consider matters of data inaccuracy and to impose penalties.

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Investigator's decision on behalf of the Ombudsman