Summary: We cannot investigate this complaint about the actions of a social worker. The matters complained of are not separable from matters that were subject to court action. There is another body better placed than us to consider any potential data breaches separate from court proceedings.

The complaint

1. Mr and Mrs X said a biased social worker caused Mr X to lose his 50/50 living arrangements and meant his child was placed in an unsuitable household. They said the social worker’s recommendations were biased, left out vital information that could have supported Mr X in court, and gave household information to the other party.

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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 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 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))

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How I considered this complaint

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

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Final decision

8. We will not investigate Mr and Mrs X’s complaint because:
9. We cannot investigate the principal matters complained of, which are closely related to matters concerning the care of a child and Mr X’s alleged actions, where it would have been reasonable to raise them during court proceedings; and
10. Another body, the Information Commissioner’s Office, is better placed than us to consider any potential data breach unconnected to court matters. It has powers to determine a breach and impose penalties that we lack.

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Investigator's decision on behalf of the Ombudsman