Summary: We cannot investigate this complaint about the contents of a report. This is because the matter has been subject to court proceedings.

The complaint

1. The complainant, who I will refer to as Mr C, complains that the Council recorded inaccurate information about him in a report. Mr C says the inaccurate report was presented to the family court and influenced the outcome.

Back to top

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 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. 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))

Back to top

How I considered this complaint

6. I considered Mr C’s complaint. I sent a draft version of this decision to Mr C and invited his comments.

Back to top

What I found

7. Mr C’s contact arrangements with his child were subject to proceedings in the family court. The Court instructed the Council to produce a report detailing any concerns regarding the child’s welfare..
8. Mr C complains about the contents of the report which the Council presented to the court. He says it contains inaccurate information about him and that these inaccuracies influenced the courts decisions.

Assessment

9. I cannot investigate Mr C’s complaint about the contents of report. This is because the content of the report had been subject to court proceedings and the law does not allow us to investigate anything which forms part of legal proceedings.
10. Mr C has said his complaint is not about what happened in court but is about the actions of the social workers. Mr C says they abused their position. However, the restrictions detailed in paragraph 5, mean we are unable to investigate any action of the Council concerning the substantive issue when that issue is out of our jurisdiction.
11. If Mr C feels the Council are holding inaccurate information about him, he can complain to the Information Commissioner who are better placed to deal with complaints about data protection.

Back to top

Final decision

12. I cannot investigate this complaint. This is because the matter has been subject to court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman