Summary: We will not investigate this complaint about the Council including incorrect information in a safeguarding report. Further investigation will not lead to a different outcome.

The complaint

1. Mx Y complained the Council included incorrect information about them assaulting their ex-partner in an adult safeguarding report. They said their ex-partner used that report against them in private court proceedings. They said this had a significant impact on their emotional wellbeing and finances. Mx Y said the Council also included personal information about them in that report.
2. Mx Y said the Council had amended the report but refused to provide them a copy. They want the Council to issue a letter stating the report was incorrect. They also want financial compensation for the distress caused.

Back to top

The Ombudsman’s role and powers

3. 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))

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. The Council included information about Mx Y assaulting their ex-partner in a safeguarding report. Following Mx Y’s complaint, it amended the report to reflect the assault was ‘alleged’. It apologised and offered Mx Y a £200 remedy for any distress caused.
9. As the Council has apologised to Mx Y, amended the report, and offered a remedy, we will not investigate. That is because further investigation will not lead to a different outcome. Any injustice Mx Y has experienced through the report’s use as part of court proceedings is outside our jurisdiction. That is because we cannot investigate what happens in court.
10. The Council said it had included personal information about Mx Y in the report as it was relevant to its safeguarding enquiries. It said it would not share a copy of the amended report with Mx Y as it was about another person. It said it would not provide a document Mx Y could use in court proceedings, as it understood there was an ongoing third-party investigations.
11. Any complaints Mx Y has around the misuse of personal information and the Council’s decision not to share the amended report are best dealt with by the Information Commissioner’s Office (ICO). The ICO is the body responsible for overseeing complaints around data protection.

Back to top

Final decision

12. We will not investigate Mx Y’s complaint because further investigation will not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman