Kingston Upon Hull City Council (20 010 101)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 17 Feb 2021
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about misconduct by the Council. This is not separable from matters concerning his child’s contact and residence subject to court proceedings. He has a right to return to court it would be reasonable to use.
The complaint
- Mr X said there was misconduct by the Council concerning his child, about whom there have been court proceedings. He said the Council has harassed and victimised him, and that this has affected his relationship with his child.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
- 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)
How I considered this complaint
- I read Mr X’s complaint and the Council’s responses to it. I gave Mr X an opportunity to comment on a draft decision.
What I found
- The complaint concerns the Council’s actions connected to a court process that determined the residence and contact arrangements of Mr X’s child. It also involves a data issue.
Final decision
- We will not investigate this complaint. This is because these matters are not separable from those that have either:
- Been decided by a court, and which we cannot investigate; or
- Where Mr X has a right to return to court it would be reasonable to use; or
- Where Mr X has a right to approach the Information Commissioner it would be reasonable to use.
Investigator's decision on behalf of the Ombudsman