Summary: We will not investigate Miss X’s complaint about the actions of the Council leading to the removal of her children. This decision was subject to a court order and the matters complained of are closely linked to matters that were or could reasonably have been mentioned in court. Some of the matters directly relate to the conduct of court proceedings and we cannot investigate them. Another body is better placed than us to consider data access matters.

The complaint

1. Miss X said the Council followed an unjust and biased process that led to the removal of her children. She said it ignored her referrals about her ex-partner and instead submitted false records to court. She said it treated her badly and did not respond properly to her requests for key case information.

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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 cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
5. 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))
6. 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

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The Council’s decision to remove Miss X’s children was confirmed by a court order. The alleged submission of false evidence to the court directly concerns the conduct of court proceedings. We cannot investigate it.
10. The remainder of the complaint concerns the Council’s treatment of Miss X and her children, relating to who was best placed to care for her children and who might pose a risk to them. These matters either were or could reasonably have been mentioned in court.
11. Data access matters are ones the Information Commissioner is better able to consider. The commissioner has powers to order disclosure, and to impose penalties. We do not have those powers.

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Final decision

12. We will not investigate Miss X’s complaint because it concerns matters that either were or could reasonably have been mentioned in court.
13. The alleged submission of false evidence to the court directly concerns the conduct of court proceedings and we cannot investigate it.
14. Another body is better placed than us to consider matters of data disclosure.

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Investigator's decision on behalf of the Ombudsman