Summary: We will not investigate Mr X’s complaint that the Council in 2017 gave inaccurate information to the family court about his behaviour. We cannot investigate what happens in court including the content of reports.

The complaint

1. Mr X complains that in 2017 the Council produced an assessment report and sent information to the family court saying he was guilty of domestic violence. Mr X says the Council did not properly consider the evidence. He says he has not seen his children for three years and has lost his family life. He says the Council has harmed his mental health and well being and breached his human rights.

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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 cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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)

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How I considered this complaint

5. I have considered Mr X’s information and comments. I have considered the Council’s 2018 complaint correspondence with Mr X.

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What I found

6. Mr X says in the summer of 2017 the mother of children removed his children from the family home and he has not seen them since. The family court considered arrangements for the children. The Council says it provided evidence to the court in August and October 2017. Mr X says the children and family court advisory support service (Cafcass) social worker reported to court and criticised him. Mr X says in late 2017, 8 weeks after the Council’s report was sent to the family court, he was acquitted of a charge of assaulting the mother of the children.
7. In July 2018 Mr X complained to the Council. The court case regarding his children was continuing. He objected to the content of the Council’s assessment of October 2017 which he said was written by Ms Y. The Council explained that Ms Y had stopped working for it in September 2017 and had assessed the needs of the family in July. It explained its contacts with the court. On 9 October 2018, the Council concluded its complaint procedure and advised Mr X he could complain to this office.

Analysis

8. I will not investigate Mr X’s complaint for the following reasons:
9. We cannot investigate actions which are part of court proceedings (see paragraph 2 above). This includes the Council’s evidence to court, reports, and the opinions of officers.
10. The Council’s actions before November 2019, which Mr X knew about, are outside our jurisdiction because Mr X complains late. He complains after the permitted period of 12 months (paragraph 3). I will not exercise discretion to investigate because Mr X could have complained sooner and because we cannot achieve anything (see preceding paragraph).
11. If Mr X believes the Council holds inaccurate information on him, or has used it inappropriately, he may go to the Information Commissioner (paragraph 4).

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Final decision

12. The Ombudsman will not investigate Mr X’s complaint that the Council in 2017 gave inaccurate information to the family court about his behaviour. We cannot investigate what happens in court including the content of reports.

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Investigator's decision on behalf of the Ombudsman