Summary: We cannot investigate this complaint about information that the Council provided during court proceedings. This is because the law prevents us from investigating complaints about what happens in court. Other bodies are better placed to deal with other issues raised in this complaint.

The complaint

1. X complains that the Council has provided inaccurate information to the family courts, which has resulted in X’s child being removed from their care. X also complained to the Council about the conduct of a social worker and a data breach.

Back to top

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 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 cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.

Back to top

How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. I cannot investigate X’s complaint about information that the Council has provided to the family court. This is because the law prevents us from investigating what happens in court. This includes the preparation and contents of reports that councils present during proceedings. 
9. I will not investigate X’s complaint about the conduct of a social worker because Social Work England (SWE) is better placed to consider this matter.
10. I will not investigate X’s complaint about a data breach. The Information Commissioner’s Office (ICO) is better placed to consider and decide data protection complaints, and it is reasonable to expect X to complain to the ICO. 

Back to top

Final decision

11. We will not investigate X’s complaint because the law prevents us from investigating complaints about what happens in court. Other bodies are better placed to deal with other issues raised in this complaint.

Back to top

Investigator's decision on behalf of the Ombudsman