Essex County Council (21 002 095)

Category : Children's care services > Other

Decision : Closed after initial enquiries

Decision date : 28 May 2021

The Ombudsman's final decision:

Summary: We cannot investigate Ms X’s complaint about a report written by the Council for court proceedings. This is because the issues Ms X raises are not separable from the matters before the family court.

The complaint

  1. Ms X says the Council has told lies about her and her children when writing a report ordered by the family court.
  2. Ms X also says the Council has leaked and lost her personal information.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  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)

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How I considered this complaint

  1. I have read Ms X’s complaint information and the Council’s final response to her. I also shared my draft decision with her and read her comments.

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What I found

  1. Ms X says the Council has acted unfairly towards her and her children by writing an inaccurate report for the court. And that it has leaked and lost her personal data.
  2. Courts decide in cases of disputed living and contact arrangements for children. We are not a substitute for that. We have no powers to intervene in court proceedings or investigate reports prepared for the court. Ms X can raise her issues about the Council’s actions to the court.
  3. The Ombudsman cannot separately investigate council officer actions without considering their consequences. In this case all the effect of the Council’s actions are in the court proceedings, reports and evidence.
  4. Also, with respect to Ms X’s concerns about the way the Council has handled her personal information, it is open to Ms X to raise this with the specialist body for information handling: the Office of the Information Commissioner.

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Final decision

  1. I cannot investigate this complaint. This is because the issues raised are not separable from court proceedings.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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