Summary: We cannot investigate Mr X’s complaint about the Council’s actions following it starting a Child Protection Plan. It is not in our jurisdiction because Mr X pursued an alternative legal remedy and it would be reasonable to expect him to raise his complaints as part of ongoing court proceedings.

The complaint

1. Mr X complained the Council had no grounds to initiate a Child Protection Plan and it will not respond to his complaint.
2. He said the Council took unreasonable measures when it tried to access his home to complete a family assessment and committed a data breach. He said he has been bullied and harassed and wants the Council to respond to his complaint.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
5. 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))
6. 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))
7. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) 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

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

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My assessment

10. Mr X complained the Council harassed and threatened him after initiating a Child Protection Plan.
11. In its response the Council said it had a statutory duty to make enquiries when there is a reasonable cause to suspect that a child is suffering or likely suffering from harm.
12. Mr X filed for a judicial review regarding the Child Protection Conference, the Council’s decision to start a Child Protection Plan and the actions of social workers. We cannot investigate this complaint because the law prevents us from investigating matters that are subject to court proceedings. It is reasonable for Mr X to raise any complaints he has about the Council’s actions that relate to the Child Protection Plan with the Court.
13. Mr X complained a social worker made a data protection breach when attending his property. We will not investigate this complaint because the ICO is better placed to consider these matters.

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Final decision

14. We cannot investigate Mr X’s complaint because it is not in our jurisdiction.

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Investigator's decision on behalf of the Ombudsman