The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to a safeguarding concern. It is unlikely we would find fault in the Council’s actions. Additionally, we cannot achieve the outcome Mr X is looking for.
The complaint
Mr X complained that after the Council completed safeguarding enquiries, and was unhappy the fact it had responded remained on his DBS record six months later.
Mr X complained that this damaged his professional reputation and had a negative impact on his family.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) 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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), 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
Mr X complained that following the Council’s safeguarding enquiries he was unable to find employment because of the information included on his DBS record.
The Council said it responded to concerns raised by a Family Worker based on information it was provided and it then responded to a safeguarding concern.
The Council clarified that when the outcome of the assessment indicated there were no safeguarding concerns it closed the case.
The Council responded to Mr X’s complaint and explained it is not involved in the DBS process.
We will not investigate this complaint, because given the Council’s explanations, it would be unlikely we would find fault in the Council’s actions. In any case, Mr X is seeking significant financial compensation, and we cannot achieve this outcome.
If Mr X believes the Council is liable for loss of earnings and damages, he will need to pursue his claim through the courts as only they can establish liability in these circumstances.
Final decision
We will not investigate Mr X’s complaint because it is unlikely we would find fault and we cannot achieve what he is looking for.
Investigator's decision on behalf of the Ombudsman