Summary: We cannot investigate some of Miss X’s complaint about the content of a report for court because the matter was before a court, and the law says we cannot investigate. We will not investigate the Council’s data handling because the Information Commissioner is better suited to consider the issue. We will not consider the conduct of a social worker because Social Work England is better suited to consider the issue.

The complaint

1. Miss X complains:
1. the Council included inaccurate information in a report for court;
2. the Council shared her personal information during a meeting without consent; and
3. about the professional conduct of a social worker.
2. Miss X said the matter caused her distress and frustration.

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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 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))

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How I considered this complaint

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

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My assessment

Inaccurate information for a court report

8. The law says we cannot investigate matters considered by a court. Because the report was considered by the court, we cannot investigate this complaint.

Sharing personal information during a meeting

9. We will not investigate this complaint. Miss X’s complaint is that the Council disclosed her personal data without a lawful reason.
10. The Information Commissioner was created by Parliament to consider complaints of this type. It is therefore better placed than the Ombudsman to consider the matter.

Professional conduct of a social worker

11. We will not investigate this complaint. The Ombudsman cannot determine 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.

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Final decision

12. We cannot investigate some of Miss X’s complaint because the matter was before a court. We will not investigate the remainder because other bodies are better placed to consider the issues.

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Investigator's decision on behalf of the Ombudsman