Summary: We will not investigate this complaint about the Council’s representations to court. The law prevents us from doing so. Mrs X should raise all relevant information as part of court proceedings. It is open to her to also contact the Information Commissioner’s Office, as the body that deals with complaints about data protection.

The complaint

1. Mrs X complained the Council failed to remove incorrect information about her after she successfully challenged it in 2013. She said the incorrect information was more recently referred to again in court proceedings and wrongly shared with authorities abroad, which had a detrimental impact on her case and led to her children being taken into care abroad. She wanted the Council to rectify its records without delay.

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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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X’s complaint is about the Council’s representations to court. We have no power to investigate this, and Mrs X should raise all concerns as part of proceedings. It is open to her to share evidence that the information was proved false, and the courts can consider how much weight to give to both parties’ representations. We have no influence over court proceedings.
7. Mrs X’s complaint is also about her concern the Council did not rectify its records following a previous successful challenge, and about it wrongly sharing information with authorities abroad. It is open to Mrs X to contact the Information Commissioner as the body that considers complaints relating to data protection.

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Final decision

8. We will not investigate Mrs X’s complaint because it is about the Council’s representations to court, which we have no power to investigate, and its actions in relation to her data protection rights, which the Information Commissioner is best placed to consider.

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Investigator's decision on behalf of the Ombudsman