Summary: We cannot investigate Miss X’s complaint about the content and preparation of documents used in court proceedings. The Information Commissioner’s Office is better placed to consider a data protection act allegation. We will not investigate an allegation of lack of safeguarding support during court proceedings.

The complaint

1. Miss X complains about procedural and safeguarding failings by children services’. She says the Council produced a biased and inaccurate Child and Family Assessment. That it disclosed inappropriate personal data. And had a lack of independence in the stage two complaint review.

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The Ombudsman’s role and powers

2. 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)
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)

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How I considered this complaint

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

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My assessment

7. Miss X has two children with Mr Y. Miss X and Mr Y are separated. They disputed how the children should be cared for. This dispute is before the family court.
8. Miss X says the Council failed to safeguard her children before an incident in July 2024. We cannot look at events known to Miss X for 12 months before she complained to us without good reasons. Here given the Court proceedings and how events unfolded, it is reasonable for Miss X to have complained to us about the pre July 2024 lack of support earlier.
9. Miss X complains about the content of a child and family assessment prepared in June 2025. She says Mr Y gave this to the Court as part of his case. She says the Court considered it and believes it influenced its decisions. The law prevents us from investigating the content and preparation of documents used in court proceedings. This includes if the right procedures were used to prepare the document.
10. During the Court proceedings, the Court ordered the Council prepare a report on the children’s welfare and circumstances. This is called a section seven report. We have no legal power to investigate the content and preparation of section seven reports.
11. Miss X says the Council had continued to fail to provide safeguarding action and support. The Courts in family proceedings have wide powers to order the Council to investigate allegations and provide support. It is not appropriate for us to investigate whether child protection support should have been provided during the period of the Court proceedings.
12. The Information Commissioners Office (ICO) is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes disclosing information in error.
13. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. I consider that to be the case here and Miss X should therefore approach the ICO about her concerns.
14. Miss X says the Council had a lack of independence in its stage two complaint review. We will not investigate this as it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

15. We will not investigate Miss X’s complaint because we cannot investigate documents used in court proceedings nor action the Court could have ordered. The ICO is better placed to consider any data protection complaint.

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Investigator's decision on behalf of the Ombudsman