The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about children services officers’ actions. We are unlikely to achieve a significant worthwhile outcome and there are other bodies better placed.
The complaint
The complainant, whom I shall call Miss X, complains about children services officers’ actions towards her.
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 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: we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), 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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Miss X and the Council’s replies to her complaint which it provided.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X’s complaints centre on home visits in June and July 2021. She complained to the Council following the visits about: The way officers spoke to her, their manner and the words used.
A conversation between the officers and her mother.
Miss X also complained about a telephone call which followed the visits, and the accuracy of information the Council gave the police.
The Council replied to her complaints, and follow up correspondence, in writing. It also met with her in late September to discuss the situation.
Miss X remains unhappy and complained to us. She says: “Services put me in more danger and significant harm, by unequivocally lying about me to the police and in my reports. They underestimated by ability to conduct day to day activities, gossiped about me behind my back to my family and used stereotypes to define me.”
Analysis We are unlikely to be able to practically investigate the majority of Miss X’s complaint to any further depth than the Council’s response so far. Her complaint includes one persons’ word against another’s, and perception of how people have acted.
Miss X would like officers dismissed. We do not usually recommend disciplinary action as a remedy.
Our role is to investigate the actions of the Council as a corporate body, not to hold a single officer accountable. If Miss X has concerns about the professionalism or integrity of an individual social worker, it is reasonable to expect her to report her concerns to their professional body, Social Work England.
The Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes disclosing inaccurate information to other bodies.
There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. I consider that to be the case here and Miss X should therefore approach the ICO about her concerns about the accuracy of information passed to the police.
Final decision
We will not investigate Miss X’s complaint because it is unlikely we could achieve a worthwhile outcome and there are other bodies better placed.
Investigator's decision on behalf of the Ombudsman