Staffordshire County Council (21 014 588)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 02 Feb 2022
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about an inaccurate children service’s report. It is unlikely we could achieve more than the Council’s offer to place Miss X’s comments next to the report.
The complaint
- The complainant, whom I shall call Miss X, says the Council’s children services team produced an inaccurate report about her family.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by Miss X which included the Council’s reply to her.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X says that the Council produced a children services assessment on her family in the autumn of 2021. She says this contains inaccurate information about her and her family. She says this has upset her.
- The Council in reply to her complaint said it would place a copy of her email which set out her disagreements with the assessment on the file with the assessment. This would mean if the assessment was ever considered again the reader could see the bits she disputes.
- Miss X would like the statements she believes are false removed from the assessments and for the officer who compiled the report to be sacked.
- It is unlikely our investigation would achieve more than the Council’s offer of placing her views with the Council’s assessment. We usually consider that an adequate remedy.
- The Council has duties under the Data Protection Acts to only hold accurate information. Miss X can request a ‘right to rectification’. If she is dissatisfied with the Council’s response to this, she can ask the Information Commissioner’s Office to decide if the Council has met its Data Protection duties.
- Our role is to investigate the actions of the Council as a corporate body, not to hold a single officer accountable, nor to suggest they are sacked. If Miss X has concerns about the professionalism or integrity of an individual social worker, it is reasonable to expect her to report her concerns to their professional body, Social Work England.
Final decision
- We will not investigate Miss X’s complaint because it is unlikely we could achieve a significantly different outcome than the Council has already offered.
Investigator's decision on behalf of the Ombudsman