The Ombudsman's final decision
Summary: We will not investigate this complaint about the content of Children’s Social Care case records and the handling of these. That is because the Information Commissioner’s Office is best placed to consider the concerns.
The complaint
Miss X complained the Council: falsified Children’s Social Care (CSC) case records; failed to disclose the full CSC case records to her as part of a Subject Access Request (SAR); wrongly disclosed her CSC case records to a solicitor after she made a SAR.
deliberately withheld information from the Court that it asked for as part of legal proceedings; breached data protection legislation, and used case records to create a false narrative about her.
She also said there was a conflict of interest in who her personal information was available to at the Council.
Miss X also complained about the Council’s decision to complete a CSC assessment. She said the Council harassed her. She said she had previously told the Council she did not want or need its support.
Miss X said the Council’s actions had caused her distress. She wants her records rectified in full.
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: further investigation would not lead to a different outcome, 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) 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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Miss X’s complaints about the Council’s handling of her Children’s Social Care records, including who in the organisation had access to her records. That is because the Information Commissioner’s Office (ICO) deals with complaints around the handling of personal information, the ‘Right to Rectification’ and issues with Subject Access Requests. It is appropriate for Miss X to raise her concerns with the ICO.
Additionally, if Miss X is unhappy the Council has not complied with any Court direction around the disclosure of information, or that information disclosed to the Court is wrong, she would need to raise this with the Court.
We will also not investigate Miss X’s complaint about the Council’s decision to complete a CSC assessment. In the Council’s complaint response, it said the information provided indicated a Children’s Assessment was needed because of safeguarding concerns. After that assessment, it held a review strategy meeting and decided the threshold for safeguarding was not met. It ended its involvement.
We would not be critical of the Council contacting Miss X to complete an assessment if it had any potential safeguarding concerns. It followed the correct steps in its decision making. Therefore, there is not enough evidence of fault to justify our involvement. The Council apologised to Miss X if she felt harassed in anyway. Further investigation by the Ombudsman would not lead to a different outcome.
Final decision
We will not investigate Miss X complaint as the Information Commissioner’s office is best placed to consider her concerns.
Investigator's decision on behalf of the Ombudsman