Summary: We will not investigate this complaint about the Council’s involvement with Mr X’s family. The issues raised are too closely linked to matters that have been considered in court and other bodies are better placed to consider other matters.

The complaint

1. Mr X complains about child protection assessments that the Council completed in relation to his children. Mr X says the assessments contained inaccurate information (which the Council has refused to amend) and that relevant information was not included. Mr X also complains about the conduct of a social worker involved with his family.

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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 Council carried out child protection enquiries concerning Mr X’s children under Section 47 of the Children Act 1989. The care arrangements for Mr X’s children were then considered in court and the Council were asked by the court to provide a Section 7 report.
9. I cannot investigate the contents or preparation of the Section 7 report. This is because it forms part of court proceedings and the law prevents us from investigating complaints about what happened in court.
10. I will not investigate Mr X’s complaint about the Council’s Section 47 enquiries. Mr X’s concerns are about the Council’s assessment of his children’s safety. These matters could reasonably be or have been mentioned as part of the subsequent legal proceedings.
11. I will not investigate Mr X’s complaint about the conduct of a social worker because Social Work England are better placed to consider such complaints. The Information Commissioner is better placed to consider Mr X’s complaint that the Council has refused to amend inaccurate information it holds about him or his family.

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Final decision

12. We will not investigate Mr X’s complaint because the issues raised are too closely linked to matters that have been considered in court and other bodies are better placed to consider other matters.

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Investigator's decision on behalf of the Ombudsman