Summary: We cannot investigate this complaint about the actions of Council officers relating to the care of a child. This is because the matters have been, or can be, considered in court.

The complaint

1. The complainant, Miss X, complains that the Council has been at fault in the course of care proceedings.

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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. 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)
3. 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))
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)

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How I considered this complaint

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

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My assessment

7. Miss X’s grandchild has been the subject of public law proceedings. The evidence Miss X has provided shows that the Council applied for an interim care order in 2025. Miss X asked to be considered as a connected carer, and the court asked the Council to carry out a viability assessment.
8. The result of the viability assessment was negative. Miss X complains that the Council’s officers submitted false statements to the court and acted unlawfully and unprofessionally. She further complains that they breached data protection law.
9. The Ombudsman cannot investigate Miss X’s complaint because it concerns matters which have been considered in court. The law prevents the Ombudsman from considering the preparation and content of evidence submitted to a court, so we can take no view on the actions of the Council’s officers in the course of the legal proceedings.
10. If Miss X wishes to pursue the alleged breach of data protection, she may bring her concerns to the attention of the Information Commissioner’s Office. There is no role for the Ombudsman.

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Final decision

11. We cannot investigate Mr X’s complaint because it concerns matters which are for the court to consider.

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Investigator's decision on behalf of the Ombudsman