Summary: We will not investigate Miss X’s complaint about the Council’s involvement with her child. There is not enough evidence of fault in the Council’s action to justify us investigating. It would also be reasonable for Miss X to pursue her other concerns with the Information Commissioner’s Office and the courts.

The complaint

1. Miss X complains the Council has recorded false information about her involvement with the police and substance misuse. She believes the Council is using this to unfairly prevent her contact with her child. She is deeply distressed that she has been separated from her child. Miss X wants reports submitted to the court about her retracted and corrected.

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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. 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 not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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)
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))

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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 Council’s complaint responses to Miss X explain that it has not recorded she has been previously convicted for drug dealing. The Council has also confirmed it has spoken with Miss X’s child alone to ascertain their wishes and feelings. Miss X’s child is a teenager and therefore old enough to express their wishes about who they want to live with and whether they want to see Miss X. The Council has explained it cannot force Miss X’s child to have contact with her or return to her care, despite how upsetting this understandably is for Miss X. The Council ended its involvement with Miss X’s child in September 2025. There is not enough evidence of fault in the Council’s handling to suggest we should investigate this matter further.
9. At the time of Miss X’s complaint to us, the father of her child was taking action in court to seek custody and parental responsibility. Any arrangements about care and contact of children is a private matter between the people who have parental responsibility. Where those people cannot agree on those arrangements, only the court has the power to intervene and make decisions about what arrangements would be in the child’s best interests and on any matters of dispute. It would be reasonable for Miss X to raise the concerns she has about her child remaining in his father’s care with the court.
10. Miss X has complained about inaccurate information in reports produced for these court proceedings. We have no jurisdiction to intervene to ask for these reports to be retracted or amended. It would be reasonable for Miss X to raise any concerns she has about the content of the reports in court.
11. Miss X has also complained about information the Council has recorded about her in her child’s case files. If Miss X believes the Council’s records contain false information about her, she may pursue her legal right to rectification with the Information Commissioner's Office (ICO). We have no power to intervene in such matters. The most we would wish to see is that a record of her dissenting views is added to the Council’s records. Her views are clearly set out in her complaints, so this has already been achieved, and we would not seek anything further.

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Final decision

12. We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council to justify our involvement. It would be reasonable for Miss X to pursue her other concerns with the Information Commissioner’s Office and in court.

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Investigator's decision on behalf of the Ombudsman