Summary: We will not investigate this complaint about what the Council has written about Miss X’s care of her child. She has a right to go to court to seek greater contact it would be reasonable to use as only a court can change the current arrangements. The Information Commissioner is also better placed than us to deal with a complaint about any factual inaccuracies in the Council’s records, as they have powers we lack to require rectification of incorrect data, and to impose penalties.

The complaint

1. Miss X says the Council has fabricated reports about her by writing things that are negative about her, and she is worried they could be used in court against her to keep her child in 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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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. Miss X’s complaint relates to the arrangements of the residency and care of her child. She objects to what the Council has written and is concerned this will be used in court. However, what she is seeking regarding her child is a matter only a court can decide. It would therefore be reasonable for her to use her right to go to court to seek different residence and care arrangements for her child.
8. Reports written by the Council will include opinions about her actions and ability to care for her child. If there are factual inaccuracies in those reports, Miss X has a right to raise those with the Information Commissioner. They have powers that we lack to require rectification of inaccurate personal data, and to impose penalties.

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Final decision

9. We will not investigate Miss X’s complaint because:

• She has a right to go to court it would be reasonable to use to seek different contact and/or residency arrangements for her child: and
• Another body is better placed than us to consider allegations of maintaining inaccurate personal data.

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Investigator's decision on behalf of the Ombudsman