The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about a court order being breached as it lies outside our jurisdiction. We cannot consider matters that have been subject to court proceedings and it is for the courts to decide whether an order has been breached. We will not investigate Mr X’s complaint about a data breach because it is a matter for the Information Commissioner’s Office to consider.
The complaint
The complainant, whom I shall call Mr X, complains the Council has breached a court order in placing his partner’s child with her birth father. He also complains the Council has committed a data breach.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) We do not start an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained the Council breached a court order when it placed his partner’s daughter in the care of her birth father. He also complained about a data breach when the Council provided his home address to a third party. Mr X has contacted the Information Commissioner’s Office about the data matter.
Final decision
We cannot investigate Mr X’s complaint about the breach of a court order because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been subject to court proceedings. We have no discretion to do so. If Mr X considers a court order has been breached this is a matter that should be returned to the courts. We cannot decide whether a court order has been breached it is a question for the courts to decide and take action on if appropriate.
We will not investigate Mr X’s complaint about a data matter. Mr X has already raised this with the Information Commissioner’s Office which is the appropriate body to consider complaints about data matters.
Investigator's decision on behalf of the Ombudsman