The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to a safeguarding referral concerning the complainant’s family, and the content of a child and family assessment report. Our intervention would not lead to a different outcome and is not therefore warranted.
The complaint
The complainant, Miss X, says the Council was at fault in its response to a referral received about her children’s welfare and allegations made against her, and produced an inaccurate 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 investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X’s family was the subject of a referral to the Council from the police which led to a child and family assessment. Miss X subsequently complained to the Council about the content of the assessment report. She asked that the Council correct inaccurate information and statements which falsely identified her as the perpetrator of violence, and consider CCTV evidence.
In response, the Council said it had properly assessed the allegations and taken a balanced view of them. It said it had added to its records to reflect Miss X’s views but declined to take any further action.
The Ombudsman will not investigate Miss X’s complaint. We will not ask councils to amend their records or assessment reports, as they reflect the views of officers at the time they were produced. The most we will normally seek to achieve is that a record of a complainant’s contrary view is added to the file. This has already happened in this case, so our intervention is not warranted.
If Miss X believes the Council’s records contain false information about her, she may pursue her legal right to rectification. There is no role for the Ombudsman.
Final decision
We will not investigate Miss X’s complaint because investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman