Summary: We will not investigate this complaint about errors and inaccuracies contained in a S42 safeguarding report. This is because we could not add to the Council’s responses regarding this complaint or achieve anything more for Mr B.

The complaint

1. Mr B complained a revised S42 enquiry completed by the Council in 2023 following his complaints into the original investigation and outcome in 2022, still contains inaccuracies and omissions. Mr B wants the Council to issue a new S42 document with correct details.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council says following several meetings with Mr B where he produced evidence and documentation to dispute the findings of a S42 report completed in 2022, it completed a new S42 enquiry. It confirmed the new S42 report supersedes the original document. It apologised to Mr B for the inaccuracies in the original report and explained although he disagrees with some of the comments, it was not for them to change the words or descriptions made by other people in the report. It confirmed the new S42 outcome has found the allegations to be unsubstantiated and advised the report will not be changed further.
6. The Council has explained what it has done. It met with Mr B and undertook a new S42 enquiry. It revisited the outcome and found the allegations to be unsubstantiated, it has apologised for the inaccuracies in the original S42 enquiry report and assured Mr B learning will be discussed and shared with colleagues. Further investigation by us could achieve no more than this. Mr B can ask to Council to put a copy of his comments with the amendments he wants, to lie alongside the Council’s S42 report.

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Final decision

7. We will not investigate Mr B’s complaint because we could achieve nothing more than the Council even if we investigated.

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Investigator's decision on behalf of the Ombudsman