Summary: We will not investigate this complaint about a historic court report and a more recent assessment. We cannot investigate the use of the report in court proceedings. Any subsequent processing of inaccurate data in a new assessment since court proceedings ended would be a matter where the Information Commissioner’s Office is better placed than us to resolve the matter.

The complaint

1. Ms X complained about a report for court proceedings that took place in 2020.
2. She also said the Council has since circulated copies of an assessment carried out after court action ended that contained inaccurate data, not least in that there was an error in referring to domestic abuse by her rather than against her. She said the Council has wrongly refused to correct the report.

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The Ombudsman’s role and powers

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. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The s.7 report was written for a court. As such, it formed part of a court process. We cannot consider the content of the s.7 report, or the way it was produced, as these are not separable from the court process.
8. Ms X says the Council has circulates inaccurate information in a more recent assessment. This is a complaint about processing of inaccurate data. The Information Commissioner’s Office (ICO) is better placed than us to consider a complaint about data processing. This is because it has powers to require the rectification of data and to impose penalties that we do not have.

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Final decision

9. We will not investigate Ms X’s complaint because:

• We cannot investigate the content of the s.7 report and matters not separable from it, as these are not separable from the conduct of court proceedings; and
• The ICO is better placed to consider matters relating to the subsequent processing of data by the Council in any new assessment since court proceedings ended.

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Investigator's decision on behalf of the Ombudsman