The Ombudsman's final decision
Summary: We cannot investigate this complaint about inaccuracies in a report the Council wrote for court during care proceedings. The law prevents us from investigating what happens in court. The Information Commissioner is the body best placed to consider complaints about data protection.
The complaint
Miss X complained the Council included incorrect information in documents it submitted as part of care proceedings. She said the information had been wrongly shared with third parties, placing her at risk and worsening her mental health. She wanted the Council to amend the information, punish the officer responsible, apologise and compensate her.
The Ombudsman’s role and powers
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 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’s complaint is about the content of a report the Council submitted as part of care proceedings. Miss X told us she was worried about the implications of the information having been shared with other parties to the proceedings. The Council told Miss X it would rectify the incorrect information and advise the courts.
The law prevents us from investigating what happens in court. This includes the content of any reports written for court. We have no power to investigate this complaint.
Miss X’s complaint about a data breach is best considered by the Information Commissioner’s Office (ICO). The ICO is the body that considers complaints about how organisations handle people’s data. We will not investigate the matter instead.
Final decision
We will not investigate Miss X’s complaint because the law prevents us from investigating what happens in court and the Information Commissioner is best placed to consider complaints about data protection.
Investigator's decision on behalf of the Ombudsman