Summary: We cannot investigate this complaint about information the Council provided to the courts or its actions during proceedings. This is because the law prevents us from investigating complaints about what happens in court. The Information Commissioner is better placed to consider the other matters raised.

The complaint

1. X complains about an assessment that the Council provided in court and its actions during proceedings. X also complains about a data breach committed by the Council.

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The Ombudsman’s role and powers

2. 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)
3. 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

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

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My assessment

6. We cannot investigate X’s complaint about the assessment produced in court or the actions of the Council during court proceedings. This is because the law prevents us from investigating what happens in court. This includes the preparation and contents of reports that councils present during proceedings.
7. We will not investigate X’s complaint about a data breach. The Information Commissioner’s Office (ICO) is better placed to consider and decide data protection complaints, and it is reasonable to expect X to complain to the ICO.   

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Final decision

8. We cannot investigate X’s complaint because the law prevents us from investigating complaints about what happens in court and the Information Commissioner is better placed to consider other matters.

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Investigator's decision on behalf of the Ombudsman