Summary: We will not investigate this complaint about the removal of a child from their mother’s care and related events. We cannot investigate matters that have been considered in court. We have no power to investigate the actions of police officers and a judge.

The complaint

1. Mr X complained about the actions of the police, a judge and social services. He said the police shared false allegations about him under Claire’s Law. He said a judge made a discriminatory remark in court.
2. Mr X said the Council:
• shared the false allegations it had obtained from the police;
• made discriminatory remarks based on his ethnicity and background;
• unjustly removed his partner’s child despite evidence of abuse by the child’s biological father;
• presented false information in court; and
• isolated his partner and ignored her mental health needs.
3. Mr X said the matter damaged his reputation and caused significant distress and financial loss to him and his partner. He wanted false allegations to be erased from the police records. He wanted disciplinary and criminal action taken against the relevant officers. He wanted his partner’s child returned to her care and support provided. He also wanted apologies and service improvements.

Back to top

The Ombudsman’s role and powers

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. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
6. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the police and the courts. (Local Government Act 1974, sections 25 and 34(1), as amended)
7. 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

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

Complaints about other organisations

10. Parts of Mr X’s complaint are about the actions of police officers and a judge. We have no jurisdiction over the actions of police officers and judges. We have no power to direct the police to remove data held about Mr X, nor can we make recommendations to the police and the courts.
11. It is open to Mr X to refer his complaints about the actions of police officers to the Independent Office for Police Conduct, and his complaints about the actions of a judge to the Judicial Conduct Investigations Office.

Complaints about the Council

12. Mr X’s complaints about the Council relate to its actions regarding his partner’s child. We have no legal power to investigate matters that have been considered in court. We cannot investigate the Council’s representations to court, nor officers’ actions as part of proceedings. We have no power to return the child to their mother’s care. This is a decision only the courts can make.
13. We will not investigate peripheral matters relating to the Council’s actions outside of court proceedings. The substantive matter is one the courts have considered and all peripheral complaints are not separable to the proceedings.
14. We also have no power to recommend disciplinary action, or to pursue criminal charges against officers.
15. The Information Commissioner’s Office (ICO) is the organisation that considers complaints about how organisations handle people’s data. It is open to Mr X to refer his complaints about the data held about him to the ICO. We will not consider the matter instead.

Back to top

Final decision

16. We will not investigate Mr X’s complaint because it is about matters that have been considered in court.

Back to top

Investigator's decision on behalf of the Ombudsman