Summary: We will not investigate this complaint about Children’s Services. This is because part of the complaint has already been considered and was closed due to ongoing court proceedings. The Information Commissioner is better placed to deal with complaints about a data breach.

The complaint

1. Mr X complains about the Social Worker involved with his family and Children’s Services handling of his case. He further complains about an alleged data breach. He says the matter is causing significant distress and wants the Council to allocate a new Social Worker.

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 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 there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. 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)

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Mr X previously complained to the Ombudsman about Children’s Services handling of his case. The Ombudsman does not reconsider issues already addressed in response to a previous complaint.
9. Mr X complained about the conduct of the Social Worker allocated to his family. The law says we cannot investigate matters which are subject to ongoing Court proceedings. Mr X can make a new complaint once the proceedings have concluded if he considers there are any matters which are separable from the court proceedings and that could not have been raised in court.
10. Mr X further complained that the Council breached data protection laws. Mr X can complain to the Information Commissioner if he is concerned about how the Council handled his personal data as this is the appropriate body to consider complaints about these matters.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because part of the complaint has already been considered and was closed due to ongoing court proceedings. The Information Commissioner is better placed to deal with complaints about a data breach.

Back to top

Investigator's decision on behalf of the Ombudsman