Summary: We will not investigate this complaint about information the Council prepared for Court of Protection proceedings about Mrs X’s mother. The law prevents us from investigating complaints about what happened in court or any information a council has provided in proceedings.

The complaint

1. Mrs X complains the Council provided false information about her mother, Mrs Y, in Court of Protection proceedings. She wants the Council to acknowledge the distress and inconvenience this caused and to ensure the information for Mrs Y has been corrected on its records.

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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 have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), 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)

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How I considered this complaint

6. I have spoken with Mrs X and considered information provided by her and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mrs Y has a diagnosis of early onset dementia and receives care and support in her own home. The Council applied to the Court of Protection to place Mrs Y in residential care for her own safety. Mrs X says the Council provided false information in a statement to the Court of Protection, which it then retracted. Mrs X complains the Council has recorded false information in its case files about her and her mother.
9. We cannot investigate Mrs X’s complaint because it relates to matters that occurred during court proceedings. The law prevents us from investigating complaints about what happened in court, including what information councils provide during those proceedings. We also cannot act in place of the courts if a complainant believes they were not given the opportunity to raise such concerns during the proceedings.
10. We also cannot investigate any issues Mrs X might continue to have about the way in which Mrs Y’s personal data has been recorded by the Council. Such matters fall under the remit of the Information Commissioner.

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Final decision

11. We will not investigate Mrs X’s complaint because the law prevents us from investigating complaints about what has happened in court. We also cannot investigate matters that appear to be for the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman