Summary: We will not investigate this complaint about child protection issues. This is because the matter complained about could reasonably have been mentioned as part of the legal proceedings regarding a closely related matter. It is reasonable to expect Miss Y to go to the Information Commissioner about her data protection complaint. It is not a good use of public resources to investigate complaints about complaint handling when we are unable to deal with the substantive issue.

The complaint

1. Miss Y complains the Council has misused its safeguarding powers to issue a Public Outline Letter (PLO) in response to her concerns about a potential data breach. Miss Y says her complaint has also been investigated by the staff member she was complaining about, which she believes causes a conflict of interest. Miss Y says this has caused significant upset and worry and she feels the PLO has been retaliatory and unjustified.
2. Since Miss Y complained to us, the Council’s child protection concerns have been subject of court proceedings, in which the court made an Interim Care Order, which removed the child from Miss Y’s care.

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The Ombudsman’s role and powers

3. 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))
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. 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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How I considered this complaint

6. I considered information Miss Y provided and the Ombudsman’s Assessment Code.

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Final decision

7. We will not investigate Miss Y’s complaint because the matter complained about could reasonably have been mentioned as part of the legal proceedings regarding a closely related matter. It is reasonable to expect Miss Y to go to the Information Commissioner’s Office about her data protection complaint. It is not a good use of public resources to investigate complaints about complaint handling when we are unable to deal with the substantive issue.

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Investigator's decision on behalf of the Ombudsman