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

  1. 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.

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The Ombudsman’s role and powers

  1. 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)

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How I considered this complaint

  1. 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.

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What I found

  1. Miss D complained to the Council about inaccurate information recorded about her and her family in a social work report.
  2. 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.
  3. 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.
  4. 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

  1. 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.
  2. 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.
  3. 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.

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Final decision

  1. We will not investigate this complaint. This is because it is unlikely further investigations will lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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