Summary: We cannot investigate this complaint about information the Council provided during court proceedings. The law prevents us from investigating complaints about what happens in court. For the rest, the Information Commissioner and Social Work England are better placed to consider and decide Mrs X’s complaint.  

The complaint

1. Mrs X complained about information the Council filed with the court during family court proceedings.
2. Mrs X also complained about errors in a social work assessment, and about the conduct of a social worker.
3. Mrs X said this caused distress.
4. Mrs X wants the Council to investigate her concerns.

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The Ombudsman’s role and powers

5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. 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)
7. 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 are other bodies 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

8. I considered information provided by Mrs X.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. We cannot investigate Mrs X’s complaint because the law prevents us from investigating what happens in court. This includes the preparation and contents of reports that councils present during proceedings.  
11. The Information Commissioner’s Office (ICO) enforces data protection legislation.  The ICO can investigate complaints about data protection, including accuracy of information disputes.
12. The Ombudsman cannot investigate 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 (SWE).
13. We will also not investigate the parts of Mrs X’s complaint about the accuracy of information in a social work assessment or about the conduct of a social worker. The ICO and SWE are better placed to consider and decide these parts of the complaint.

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Final decision

14. We cannot investigate Mrs X’s complaint. The law prevents us from investigating complaints about what happens in court. For the rest, the Information Commissioner and Social Work England are better placed to consider and decide Mrs X’s complaint.  

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Investigator's decision on behalf of the Ombudsman