Summary: We have upheld Ms X’s complaint about delays in the children’s statutory complaints process. The Council agreed to resolve the complaint early by paying Ms X a symbolic remedy to recognise her injustice and complete its investigation. We will not investigate the matter about information in a report used in court proceedings. This is because the law prevents us from investigating complaints about what happened in court.

The complaint

1. Ms X complains the Council provided inaccurate information in a report used in court proceedings to determine the care and contact arrangements for her child. She also says the Council’s children’s services shared personal information and the Council did not complete the children’s complaints process within the statutory timescale.

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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 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 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 investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended).
6. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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How I considered this complaint

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

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My assessment

9. Ms X says the Council provided inaccurate information in a report used in court proceedings to determine care and contact arrangements for her child. She says the Council refused to investigate the matter.
10. We cannot investigate Ms X’s complaint about the report that the Council provided to the court. This is because the law prevents us from investigating what happens in court. This includes the preparation and contents of reports provided by councils during proceedings.
11. If we were to investigate, it is likely we would find fault causing Ms X injustice because:

• Ms X complained to the Council about these matters. The Council considered the matter under the children’s statutory complaints process.
• Ms X asked the Council to continue to stage two of the children’s statutory complaints process. The Council agreed to proceed.
• Therefore, to follow statutory timescales, the Council should have completed stage two within 65 working days of Ms X’s request for escalation.

The Council did not meet this timescale.

12. Ms X also says the Council shared personal information with a third party. We will not investigate this matter. The Information Commissioner’s Office (ICO) is better placed to consider these issues. The ICO is the UK regulator for data protection. It deals with enforcing UK General Data Protection Regulations (GDPR) and the Data Protection Act 2018 and considers complaints about data protection.
13. Ms X also complains about the Council’s involvement in alleged breaches of a court order. Ms X should raise this matter through the children’s statutory complaints process before we will consider it.

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Agreed actions

14. Within one month of the final decision, the Council will:
• Begin the stage 2 investigation and complete it within the statutory timescales.
• Pay Ms X £100 for the frustration and distress caused as a result of the delay.
• Pay Ms X a symbolic payment of £50 per month for the delay, and a further £50 per month for any delay thereafter, until Ms X receives the stage 2 response.

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Final decision

15. We have upheld Ms X’s complaint. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused and to complete the next stage of the children’s statutory complaint’s process. We will not investigate the matter about information used in court proceedings. This is because the law prevents us from investigating complaints about what happened in court.

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Investigator's decision on behalf of the Ombudsman