The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has failed to respond fully to a complaint about the actions of its officers in the course of child protection action. This is because it is unlikely we could add anything significant to the response the Council has made.
The complaint
The complainant, who I will refer to as Miss C, complains that the Council has failed to respond to all the issues she raised in her complaint about the actions of its officers in the course of child protection action.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss C’s children are subject to child protection action. She complained to the Council about the actions of social workers and about fault in the course of child protection conferences. The Council’s response set out the matters she had raised and the upheld her complaint in part.
Miss C’s complains that the Council did not address all areas of her complaint. Specifically, she says it did not respond to her concerns that it may have breached data protection regulations. She wants it to address all the matters she raised.
There are insufficient grounds for the Ombudsman to investigate Miss C’s complaint. The Council’s final response identifies the key issues Miss C has raised, with the exception of the data protection matter. Parts of the complaint are upheld, wholly or in part. Where they are not, the Council provides cogent and defensible reasons. Investigation by the Ombudsman is not warranted because it is unlikely we would add anything significant to the response the Council has made.
We will not consider Miss C’s allegation that the Council has not addressed the data protection matter. This is because she may bring concerns about breaches of data protection to the attention of the Information Commissioner’s Office, which is better placed than the Ombudsman to consider them.
Final decision
We will not investigate Miss C’s complaint because it is unlikely we could add anything significant to the response the Council has made.
Investigator's decision on behalf of the Ombudsman