Summary: We will not investigate Mr X’s complaint about how the Council dealt with safeguarding concerns raised about his child. This is because the matter has been subject to court proceedings. The Information Commissioner is better placed to deal with Mr X’s complaint about data protections matters.

The complaint

1. Mr X complains about how the Council dealt with his complaint about the safeguarding of his children and data protection.

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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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)
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 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

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

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My assessment

8. The care and contact arrangements for Mr X’s child are being considered in court. The Council was asked to present a Section 37 report to the court.
9. The law prevents us from investigating anything that is the subject of court proceedings. This includes any involvement of the Council in those proceedings. We have no power to intervene or make decisions in place of the court. It would be reasonable to expect Mr X to raise any concerns he has about the Council’s handling of his child’s welfare in those court proceedings, either directly or through their legal representative.
10. I will not investigate Mr X’s complaint about how the Council has dealt with data protection matters. The Information Commissioner’s Office (ICO) is better placed to deal with these matters.
11. Finally, I will not investigate Mr X’s concerns about how the Council dealt with his complaints about these matters. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

12. We will not investigate Mr X’s complaint because the matters have either been considered in court or are better dealt with by the ICO.

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Investigator's decision on behalf of the Ombudsman