The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council carrying out recommendations made by the Ombudsman because there is not enough evidence of fault to warrant an investigation.
The complaint
Mrs X complains the Council have not carried out recommendations made by the Ombudsman about her previous complaint.
Mrs X also complains about how the Council responded to the stage three review report (that was part of the statutory children’s complaint procedure).
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: there is not enough evidence of fault to justify investigating, or there is another body better placed to consider this complaint, (Local Government Act 1974, section 24A(6), 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
As part of a previous investigation, we asked the Council to issue Mrs X a fresh final response to the stage three panel report (that was part of the statutory children’s complaint procedure). We asked the Council to show how it considered each recommendation and what action it would or would not take.
The Council has issued a fresh final response. The Council maintains its position on several of the complaint points. It has ‘noted’ recommendations from the panel where it does not necessarily agree with them or intend to act upon them.
It is not for the Ombudsman to comment on or challenge the Council position on the recommendations. The Council is not required to accept or act on recommendations a review panel makes, and in this case it has explained its reasoning.
Mrs X complains she and her family are misrepresented within Council reports and meeting minutes. Inaccuracies within reports are matters best considered by the Information Commissioner's Office (ICO). The ICO has powers that we do not to require rectification and impose penalties on public bodies.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of the Council being at fault and the ICO is better placed than the Ombudsman to consider Mrs X’s complaint about inaccurate records.
Investigator's decision on behalf of the Ombudsman