Summary: We cannot investigate this complaint about the circumstances leading up to the Council’s decision to begin care proceedings in respect of Miss X’s child. These matters are directly connected to the reason for the court action. Another body is better placed than us to consider an alleged data breach.

The complaint

1. Miss X said the Council bullied her and discriminated against her. She said it communicated poorly, and that there was a lack of support, understanding and relevant training. She said her child was removed from her care unnecessarily.

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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 cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
5. 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))
6. 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

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

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My assessment

9. It is clear from the complaint correspondence that the Council has taken court action about the care of Miss X’s child. The complaint is thus about matters that directly formed part of court proceedings or were closely related to those matters.
10. The Information Commissioner is better placed than us to consider an alleged data breach. It has powers to determine if a breach has happened and to impose penalties. We lack those powers.

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Final decision

11. We cannot investigate Miss X’s complaint because the matters complained of are closely linked to court action.
12. Another body is better placed than us to consider an alleged data breach.

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Investigator's decision on behalf of the Ombudsman