Summary: We will not investigate this complaint about the Council not following court orders. This is because the law prevents us considering the Council’s actions during court proceedings. Also, Mr X could reasonably have raised some matters in court.

The complaint

1. Mr X complained the Council has failed to follow court orders about access to his child, and documents related to his child’s protection. Mr X also complains the Council has violated data protection law and has not satisfactorily considered his concerns.

Back to top

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 investigate matters regarding the conduct of civil or criminal proceedings before any court of law (Local Government Act 1974, Part III Schedule 5)
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 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 another body better placed to consider this complaint.

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)

6. 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))

Back to top

How I considered this complaint

7. I considered information provided by the Mr X and the Council.
8. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

9. Much of the complaint concerns the Council’s conduct in relation to continuing court action the Council is taking about Mr X’s child. So, as paragraph 3 explained, the law prevents us considering these points.
10. All the matters Mr X complains about to us are closely connected to the court action. For the reason in paragraph 4, we will not investigate the complaint. It is for the court to decide whether the Council has failed to do what it should regarding matters connected to the court action. It is also for the court to make the key decisions about Mr X’s child. So Mr X can reasonably raise his concerns in court (and, indeed, has already done so with some parts of his complaint).
11. It is reasonable to expect Mr X to contact the Information Commissioner’s Office regarding his data protection concerns.
12. As we cannot investigate the substantive matters of the complaint, we cannot investigate the Council’s handling of Mr X’s complaint to it, as paragraph 6 explained.

Back to top

Final decision

13. We will not investigate the complaint. We cannot investigate the Council’s conduct of court action. Nor can we separate other points in the complaint from matters the court action covers.

Back to top

Investigator's decision on behalf of the Ombudsman