The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about children services’ issues. We are unlikely to achieve significantly more than the Council’s replies have achieved. And the Information Commissioner’s Office is better placed to consider her data protection dispute.
The complaint
Ms X complains about children services’ actions around an assessment report.
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B)) 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 Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council in January 2024 about children services’ issues. The Council replied in February 2024. That reply covered: Poor communication An officer’s professionalism Questions on an assessment The Council disclosure of Ms Xs health information to her child’s father Inaccuracies in an assessment report The Council’s suggestions of how a school had been involved.
Ms X remained unhappy with the reply. The Council sent a further stage two reply in May. That response had an appendix which answered the questions she had on the assessment report.
We will not investigate this further as our investigation is unlikely to provide more information or any other significant outcome.
Ms X’s complains about possible data protection breaches. Ms X has the right to complain to the Information Commissioner’s Office (ICO). Parliament set up the ICO to consider data protection disputes which includes ‘disclosing information to third party’ disputes. The ICO are better placed than us to consider this complaint particularly as there are exemptions for child protection matters.
The 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 follow data protection legislation.
The Council met Ms X in June to discuss her complaint further. Ms X was not happy with this meeting and complained. The Council replied in July. It explained its position to her. We are unlikely to achieve more.
Final decision
We will not investigate Ms X’s complaint because we are unlikely to achieve a significantly different outcome and the ICO is better placed to consider her data protection complaint.
Investigator's decision on behalf of the Ombudsman