The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about a data breach because the Information Commissioner’s Office is better placed to address that. We cannot investigate complaints about what happens in court or about reports prepared for court proceedings.
The complaint
Ms X complained the Council wrongly disclosed information about her domestic abuse worker in a report prepared for court proceedings. The report was seen by the perpetrator of the domestic abuse, and Ms X says this increases the risk of further abuse.
Ms X also complained about the content of the report prepared for the court proceedings and about statements made by a social worker in a court hearing. Ms X said the social worker’s conduct caused emotional distress.
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 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 there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Complaint about data breach We will not investigate Ms X’s complaint about a data breach because the Information Commissioner’s Officer is better placed to address that complaint.
Court action We cannot investigate complaints about court action. Therefore, we cannot investigate the social worker’s conduct in the court hearing, nor the complaint about the report prepared for the court proceedings.
Final decision
We will not investigate Ms X’s complaint about a data breach because the Information Commissioner’s Office is better placed to address that. We cannot investigate complaints about court action.
Investigator's decision on behalf of the Ombudsman