Summary: We will not investigate Mr X’s complaint about the Council’s involvement in matters relating to a Family Assistance Order. This is because some parts of the complaint are outside the Ombudsman’s jurisdiction and other parts are better considered by alternative bodies. Also, further investigation is unlikely to achieve a different outcome.

The complaint

1. Mr X complains the Council:
1. Recorded false information about him and included inaccurate information in reports provided to the Family Court during proceedings about a Family Assistance Order (FAO).
2. Showed gender bias towards him as a father, treated him unfairly, and failed to adhere to the Equality Act 2010.
3. Social workers failed to follow court orders and engaged in professional misconduct.
2. Mr X wants the Council to review its policies and practices to ensure staff follow equality legislation.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We cannot find that an organisation has breached the Equality Act. However, we can find an organisation at fault for failing to take account of its duties under the Equality Act.
6. We investigate 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 continue an investigation if we decide:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

7. 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

8. I considered information provided by Mr X and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. Mr X’s concerns about information social workers provided to the court, the contents of court reports, and actions taken as part of the FAO process are closely linked to court proceedings. We cannot investigate these matters because they fall outside our jurisdiction.
11. Mr X complained the Council recorded false or inaccurate information about him. If he remains dissatisfied with the Council’s handling of his personal information or the accuracy of information it holds, he may complain to the Information Commissioner’s Office (ICO). The ICO is the appropriate body and is better placed to consider complaints about these matters.
12. Mr X complained about the conduct of individual social workers. We cannot investigate complaints about whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.
13. We cannot determine if an organisation has breached the Equality Act. The Council acknowledged where its communication could have been better and expressed regret for Mr X’s experience. It explained it regularly reflects on practice and would review learning resources relating to fathers and other significant family members to continue its standard of equitable treatment. The Council also confirmed staff received equality training, it had been reflected on and taken forward in their own learning. Given its response, an investigation by the Ombudsman is unlikely to add to the Council’s response or achieve a different outcome.

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Final decision

14. We will not investigate Mr X’s complaint because some parts of the complaint are outside the Ombudsman’s jurisdiction and other parts are better considered by alternative bodies. Also, further investigation is unlikely to achieve a different outcome.

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Investigator's decision on behalf of the Ombudsman