The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a data breach by the Council. This is because this is currently being considered by the Information Commissioner’s Office which is the body best placed to consider it. We cannot investigate Mr X’s complaint that the Council has lied to the courts. The law prevents us from considering complaints about matters that have been considered in court. We will not investigate the other matters Mr X complains about, which relate to the Council’s child protection involvement with his family. This is because we have previously considered and decided a complaint from Mr X about those matters.
The complaint
The complainant, whom I shall call Mr X, complains about a data breach, about the Council lying to the court and about matters relating to the Council’s child protection involvement with his family.
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 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 Mr X’s previous complaint to this office.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains the Council committed a data breach. The Council says this matter is currently open with, and being considered by, the Information Commissioner’s Office (ICO). It is considering Mr X’s concerns. The ICO is the appropriate body to consider complaints about data protection issues rather than the Ombudsman. We will not also consider it.
Mr X complains the Council has lied to the courts. We cannot consider this complaint because it lies outside our jurisdiction. The law prevents us from considering complaints about matters that have been considered in court proceedings. We have no discretion to do so. This restriction also applies to any reports or documents provided to the courts.
Mr X complains about matters relating to the Council’s child protection involvement with his family. We have previously considered and decided a complaint from Mr X about these matters. We cannot consider repeat complaints about matters we have already considered under a previous complaint.
Final decision
We will not investigate Mr X’s complaint. This is because the data breach is a matter for the ICO; the complaint about information provided to the court lies outside our jurisdiction and we have no discretion to consider it; and we will not consider complaints about matters we have previously considered and decided.
Investigator's decision on behalf of the Ombudsman