Summary: We cannot investigate Mr X’s complaint about the information the Council provided to court about his child’s case. The law prevents us from considering what happened in court, which includes the contents of reports the Council has written for court. Mr X also complains about other organisations that are not within our jurisdiction, and issues that are better raised with the Information Commissioner’s Office.

The complaint

1. Mr X complained about the Council's conduct relating to his child's case. His complaints included the Council:
• Provided subjective and incorrect information to court and included past concerns which have since been disproved.
• Ignored information from his doctor and financial evidence he provided, and did not provide this relevant information to the court.
• Took too long to respond to a subject access request.
• Lied to the police.
2. Mr X also complained about other organisations, including his child’s school and the Children and Family Court Advisory and Support Service (CAFCASS).
3. Mr X says these issues caused a significant impact on his mental health, leading to him having been signed off work for two years.

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The Ombudsman’s role and powers

4. 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)
5. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as CAFCASS and schools. (Local Government Act 1974, sections 25 and 34A, as amended)
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 the information Mr X provided when he complained to us.
8. I gave Mr X the opportunity to comment on my draft decision.

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What I found

9. Mr X and the mother of his children have been involved in private court proceedings which finished recently. The court asked the Council to complete an assessment report as part of the proceedings.
10. Mr X’s complaint mainly relates to the content of that report. Mr X says the Council presented false information to the court, and relied on historical, unproven concerns about him rather than relevant information he gave to it.
11. Mr X’s complaint to the Council also included some concerns it had lied to the police, ignored concerns he raised about his son, and had not properly assessed the children’s mother’s home. These issues were all relevant to the court proceedings, and the Council told Mr X in its complaint response of September 2020 to raise all relevant issues as part of those proceedings. The final hearing took place soon after this.
12. It was appropriate for Mr X to raise his concerns in court, as they were relevant to the court’s consideration of the evidence it had been provided with. We are prevented in law from considering the content of councils’ reports written for court. We cannot influence a court decision or become involved in decisions made by the court. Through complaining to us, Mr X sought amendments to the report, which is not something we could achieve.
13. Mr X should direct his complaints about his child’s school and the Children and Family Court Advisory and Support Service (CAFCASS) to the relevant organisations. We cannot consider those complaints as those organisations are not within the Ombudsman’s jurisdiction.
14. Mr X should direct his complaint about the Council taking too long to respond to his subject access request to the Information Commissioner’s Office (ICO). The ICO is the body that considers complaints about organisations’ information practices, and there is not a good reason for us to consider this complaint instead.

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Final decision

15. The Ombudsman cannot investigate this complaint. This is because the issues
    Mr X raises are about the information the Council provided to court, and none of the issues he raises are separable from the proceedings.

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Investigator's decision on behalf of the Ombudsman