Summary: The Ombudsman cannot investigate Mr X’s complaint about the decision the Council should care for his children and arrange an adoption. The Court made these orders and we cannot investigate Court orders.

The complaint

1. The complainant, whom I shall call Mr X, says the Council provided a Court with inaccurate information, and failed to provide him with information he believes he is entitled to.

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The Ombudsman’s role and powers

2. 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 discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), 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 investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word 'fault' to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

6. I considered the information Mr X provided with his complaint which included the Council’s reply. Mr X had an opportunity to comment on a draft version of this decision.

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What I found

7. Mr X has two children. He is in prison. In May 2019, the Court ordered that the Council care for both children. It also made a Placement Order which means the children can be found adoptive homes. Mr X was present at the court hearing. Mr X would like these orders revoked.
8. Mr X disagrees with the care plan for his children. He has produced a copy of this plan dated March 2019. The Court in May 2019 approved the care plan.
9. Mr X says the Council officers gave the Court inaccurate information.
10. Mr X says he had asked the Council for information he is entitled to and it has failed to provide it. This includes the name of the children’s Independent Review Officer (IRO).

Analysis

11. We cannot investigate the accuracy of any evidence the Council gave a Court which it relied on to reach its view.
12. Mr X had the opportunity to tell the Court his views on the Care Plan. It is reasonable to expect him to have done so.
13. The Council told Mr X the IRO’s name in a letter to him in July 2019.
14. Parliament set up the Information Commissioner’s Office (ICO) to decide disputes over whether information requested has been disclosed. It is reasonable to expect Mr X to approach the ICO is he believes the Council has not provided him with the evidence he is entitled to see.

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Final decision

15. The Ombudsman will not and cannot investigate this complaint. This is because we cannot investigate Court orders.

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Investigator's decision on behalf of the Ombudsman