City of York Council (20 011 049)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 02 Mar 2021
The Ombudsman's final decision:
Summary: We will not investigate Miss D’s complaint that the Council failed to ensure that a member of staff sends her a personal apology for including inaccurate information in a social work report. This is because it is unlikely further investigation will lead to a different outcome.
The complaint
- The complainant, who I shall refer to as Miss D, complains that the Council failed to make sure she received a personal apology after inaccurate information was included in a social work report. Miss D says this has caused her distress.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered Miss D’s complaint and the Council’s response. I have invited Miss D to comment on a draft version of this decision.
What I found
- Miss D complained to the Council about inaccurate information recorded about her and her family in a social work report.
- The Council accepted that the report contained some inaccuracies. It apologised and said a member of council staff involved with the family would write a personal letter of apology to Miss D.
- The Council subsequently said it should not have told Miss D she would receive the personal letter of apology, because its policy is to send apologies on behalf of the Council, rather than individual members of staff.
- The Council apologised to Miss D for promising her a personal apology and reminded staff that such apologies should be sent on behalf of the Council.
Assessment
- I will not investigate Miss D’s complaint that the Council failed to ensure she received a personal apology. This is because it is unlikely any investigation by us would lead to a different outcome.
- We would not expect personal apologies from individual members of staff. We expect the Council to respond to complaints rather than individuals. So, I regard the apology given as appropriate.
- The Council has apologised for promising a personal apology and has reminded staff that apologies should be sent from the Council and not individuals. I consider this response to also be appropriate.
Final decision
- We will not investigate this complaint. This is because it is unlikely further investigations will lead to a different outcome.
Investigator's decision on behalf of the Ombudsman