The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s handling of a safeguarding matter involving his child. There is nothing more we could add to the Council’s responses or achieve the outcome he wants. Mr X’s concern about disclosure of confidential information is for the Information Commissioner’s Office.
The complaint
Mr X complains the Council has failed to safeguard his child while they are in their mother’s care. He says the Council has relied on false allegations against him by his child’s mother. He alleges the Council has disclosed confidential information about him to his child’s mother, which she has then used against him in court. Mr X wants the Council to safeguard his child, investigate the false allegations against him and award compensation to him for distress.
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 impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide: we could not add to any previous investigation by the organisation, or we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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.
My assessment
The Council completed an assessment following a safeguarding referral in relation to Mr X’s family. The Council concluded no further action was required from a children’s social care perspective.
The Council responded to Mr X’s complaints and confirmed there was no evidence it had disclosed information about him to the mother of his child. The Council has also explained it is no longer involved with Mr X’s family and cannot become involved in the private law proceedings between Mr X and his child’s mother.
We will not investigate because there is nothing more we could add to the Council’s investigation or responses to Mr X’s complaints. Mr X also wants compensation for the distress caused by the Council’s actions. This is not an outcome we can achieve for Mr X.
Mr X should raise any concerns he continues to have about the disclosure of confidential information with the Information Commissioner’s Office (ICO). We have no powers to become involved in such matters. The law also prevents us from investigating matters that are the subject of court proceedings.
Final decision
We will not investigate Mr X’s complaint because we cannot add to the Council’s previous responses and we cannot achieve the outcomes the complainant wants.
Investigator's decision on behalf of the Ombudsman