Summary: We will not investigate Mr X’s complaint about a children services assessment. The Information Commissioner’s Office is better placed, and we are unlikely to achieve more than already offered.

The complaint

1. The complainant, whom I shall call Mr X, complains about a children services assessment.

Back to top

The Ombudsman’s role and powers

2. 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
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
3. 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)
4. We investigate complaints of injustice caused by maladministration and service failure. I have used the word fault to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.
7. I considered Mr X’s comments on a draft version of this decision.

Back to top

My assessment

8. Mr X says that in 2021, the Council’s children services team carried out an assessment on his child’s welfare, he believes following a referral. His complaint falls into three areas:
1. Mr X says the Council failed to properly disclose the assessment to him. The Council replied in detail to this complaint referring to Data Protection rules. The Information Commissioner’s Office (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. This includes not disclosing information.

There is no charge for making a complaint to the ICO, and its complaints’ procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. I consider this applies for Mr X’s complaint that the Council did not provide him with the full unredacted assessment, especially as this case involves children’s information for which there are exemptions to the general rules.

2. Mr X complains about the assessment’s accuracy. The Council agreed to place his comments with the assessment. It is unlikely our investigation would achieve more. This is the remedy we would seek for this type of complaint.

The Council says it has already made some amendments to take into account the factual errors he alleged. Mr X has the right to ask records are ‘rectified’. This means any factual errors are corrected. If the Council refuses to do so, he can complain to the ICO.

3. Mr X says the Council should have told him about the assessment at the start of it and involved him. It is the Council officer’s professional decision to decide whom to tell and involve in assessments. The assessment did not lead to any effect on Mr X’s life. His lack of involvement has not caused Mr X a significant enough injustice, to justify our investigation.

Back to top

Final decision

9. We will not investigate this complaint. The ICO is better placed, and we are unlikely to achieve more than having his comments alongside the assessment.

Back to top

Investigator's decision on behalf of the Ombudsman