The Ombudsman's final decision
Summary: We will not investigate this complaint about a social work assessment. This is because we cannot achieve the outcome the complainant wants.
The complaint
The complainant, who I will call Mrs B, complains that the Council has produced an inaccurate social work assessment.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6)) 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs B shares a home with her mother, her sister, her sisters ex-partner and her sisters children. The Council became involved after concerns were raised about the children. The Council subsequently produced a social work assessment, which included information about Mrs B.
Mrs B complains about the content of the Council’s report, which she says is inaccurate. She says the references to her constitute defamation of character and that her views have been ignored.
We will not investigate Mrs B’s complaint because we cannot achieve what she wants. It is not for the Ombudsman to ask for assessment reports to be changed. They represent the professional opinion of the officers who wrote them.
If Mrs B believes statements about her are inaccurate, she may pursue her right to rectification under data protection law. She can then raise her complaint with the Information Commissioner. There are no grounds for the Ombudsman to intervene.
Final decision
We will not investigate Mrs B’s complaint because we cannot achieve the outcome she wants.
Investigator's decision on behalf of the Ombudsman