Summary: We cannot investigate this complaint about the Council’s response to a Subject Access Request and its actions as part of court proceedings relating to her child. The law prevents us from considering the start of court action or what happens in court.

The complaint

1. Miss X complained the Council:
• failed to provide her information she requested in a Subject Access Request despite the Information Commissioner’s Office upholding her complaint; and
• provided false information to court.
2. Miss X said the matter caused her significant distress. She wanted the Council to accept fault, provide the information, apologise and amend its records.

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The Ombudsman’s role and powers

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 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X’s complaint is partly about the Council’s response to a Subject Access Request. We normally signpost people to the Information Commissioner’s Office (ICO) for complaints about data protection, as the body best placed to consider the matter. Miss X says she complained to the ICO, who upheld her complaint, but the Council has not yet provided the information she requires.
8. Miss X has begun civil proceedings against the Council with the intention of requiring it to share the information. We cannot investigate matters that have been considered in court. Given the courts are involved to consider the matter, we are expressly prevented in law from investigating this part of the complaint.
9. Miss X’s complaint is also about the Council’s actions as part of court proceedings. The law also prevents us from investigating councils’ actions as part of court proceedings. This includes a council’s decision to start proceedings and its representations to court. We have no power to investigate Miss X’s complaints.

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Final decision

10. We cannot investigate Miss X’s complaint because it is about matters that are being considered in current court proceedings.

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Investigator's decision on behalf of the Ombudsman