The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about the social worker allocated to her child’s case which is subject to ongoing court proceedings. The law prevents us from investigating complaints about matters that are subject to court proceedings. We have no discretion to do so. The data issue Miss X raises in her complaint is best considered and decided by the Information Commissioner’s Office.
The complaint
Miss X complains about the social worker allocated to her child’s case. An interim care order has been granted in relation to her child and the case is subject to ongoing court proceedings. . Miss X says the social worker has made mistakes in the case; acted unprofessionally; breached data protection law and has provided inaccurate information in reports provided to the court.
The Ombudsman’s role and powers
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 do not start an investigation if 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained to the Council about the social worker allocated to her child’s case.
The Council told Miss X it would not investigate her complaint. This is because the issues raised in it are inextricably linked to the ongoing court proceedings. It advised Miss X to raise her concerns to the court.
We cannot investigate Miss X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters which are being, or have been, considered in court proceedings. We have no discretion to do so. This restriction means we cannot consider the Council’s actions in the proceedings or any evidence or reports it provides to the court. The issues raised in Miss X’s complaint are not clearly separable from the proceedings. Miss X’s concerns are best raised to the court during the proceedings via her legal representative so that the judge can consider them before the proceedings conclude and a final decision made.
Miss X also complains the social worker has breached data protection law. Complaints about data issues, such as this, are best considered and decided by the Information Commissioner’s Office. It is the body set up to consider complaints about data concerns and so it is best placed to consider it.
Final decision
We cannot investigate Miss X’s complaint because it is about matters that are subject to, and not clearly separable from, ongoing court proceedings. The data matter is best considered and decided by the Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman