Summary: We do not have the power to investigate this complaint about the Council’s response to concerns about Mr Y’s child’s care. This is because it involves matters already considered by a court and due to be further considered by the court.

The complaint

1. Mr Y complains the Council has not acted on concerns he has raised about the care and wellbeing of his child while in his ex-partner’s care. He believes the Council’s records are incorrect and social workers have lied to the court, partially based on the records. He also complains the Council’s social worker discussed his complaint with his child’s mother.

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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. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
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 spoke to Mr Y and considered the information he has provided. Mr Y had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

8. Mr Y has a young child with a former partner. There have been ongoing court proceedings relating to the access and custody of his child since April 2020. He has been raising concerns about his child’s mother to the police and social services since March 2020 when he saw his son had bruising. He says the mother has repeatedly lied to social workers and this has led to incorrect records being kept about his son which are now influencing the court. He also says the social worker involved has lied to the court about his child. He feels the Council has failed to act despite professionals involved raising issues about his child’s care including a doctor and the police.
9. Mr Y is currently waiting for a further hearing about the matter which is due in early 2021. The Council responded to Mr Y’s complaint, saying it was unable to comment further because of the ongoing proceedings with the court.

Analysis

10. The content of the social worker’s records and their evidence is a matter for the court to consider. The concerns Mr Y has raised with the Council are also a part of the ongoing proceedings about his child’s care. Mr Y can raise this and the concerns he says professionals have raised in court at the next hearing in early 2021. The Ombudsman does not have the power to investigate the substantive part of this complaint as the issues Mr Y complains of have been, or could be, considered by the court.
11. Mr Y also complains the Council’s social worker discussed his complaint with the mother of his child. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. Consequently, we do not have the legal power to investigate this complaint. If Mr Y wishes to pursue his complaint about his information being shared, he can contact the Information Commissioner’s Office.

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Final decision

12. We do not have the power to investigate this complaint about the Council’s response to concerns about Mr Y’s child’s care. This is because it involves matters already considered by a court and due to be further considered by the court.

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Investigator's decision on behalf of the Ombudsman