Summary: We will not investigate Mr X’s complaint about the Council’s actions in removing his children and while they were away from his care. A court decided who should care for the children and matters connected with that are ones we are legally prevented from investigating. Data matters are ones the Information Commissioner would be better placed than us to consider. The remaining administrative matters are ones where we could not add to the Council’s own investigation. And we could not achieve Mr X’s desired outcomes by investigating.

The complaint

1. Mr X said the Council broke the law in regard to his parental rights, neglected his children and discriminated against him as a father. He wanted staff disciplined and practices to be changed. In his complaint to the Council, he said he wanted another body to take over the Council’s role.

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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 late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
5. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
6. 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))
7. 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:

• 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, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))
 

8. 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)
9. 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

10. I considered information provided by the complainant and the Council.
11. I considered the Ombudsman’s Assessment Code.

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My assessment

12. Although the matters complained of go back to between 2020 and 2023, I have exercised discretion to consider them. This is because Mr X complained both to the Council and to us much nearer the time, and it is not his fault that it has taken until now to return to us.
13. Although the matters complained of vary, they centre on a decision of the Council to remove Mr X’s children after a child alleged a matter against him. I note the records show Council also had other concerns about the family going back some time. This decision, and the actions leading to it, was subject to court action between 2021 and 2023. We cannot investigate these matters.
14. Matters relating to the disclosure of data at this time are ones the Information Commissioner is better placed than us to consider. The Commissioner has powers to determine if there was a data breach and to imposer penalties. We lack such powers.
15. What remains are administrative matters. The Council’s own investigation accepted there had been some poor record keeping that should not be repeated. Mr X said he found out late about injuries involving his children in foster care and was essentially kept in the dark about matters concerning his children. While we might find some of these matters as fault, investigating them matters would not be likely to lead to a different outcome from the Council’s investigation, which has already accepted there was some poor practice. This is not least because we could not make recommendations about contact, recommend disciplinary action, or change the Council’s legal responsibility for child protection and fostering in its area.

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Final decision

16. We will not investigate Mr X’s complaint because:

• We cannot investigate matters closely linked to court decisions about the care of Mr X’s children;
• Another body is better placed than us to consider alleged data breaches; and
• Investigation of the remaining matters would not lead to a different or worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman