Summary: We will not investigate this complaint about the Council’s refusal to allow Miss B the opportunity to appeal about the content of an assessment. This is because investigation would not achieve the outcome she is seeking.

The complaint

1. The complainant, who I will refer to as Miss B, complains that the Council has refused her access to an appeal process to request the removal of an assessment from its records.

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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 may decide not to start an investigation if 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. Miss B and her children were the subject of a child and family assessment in 2019. Her children were made subject to child protection plans. Through her representatives, Miss B complained to the Council about the child protection process and the child and family assessment. The complaint process concluded with the complaint being upheld.
6. Miss B’s representative says he later found out that the Council had a process by which Miss B could appeal against the content of the child and family assessment and have it removed from the Council’s files. In response, the Council says, while it is possible to appeal the outcome of a child protection conference, it would not result in the removal of the assessment from the records.
7. We will not investigate Miss B’s complaint because investigation would not achieve the outcome she is seeking. The Ombudsman will not seek the removal of an assessment from the Council’s records, even where that assessment is flawed. This is because the records reflect the position at the time they were produced and we would not ask for them to be altered retrospectively.
8. The most we would seek to achieve in these circumstances is that the complainant’s dissenting views are also recorded. Miss B’s representatives have complained, setting out their views on her behalf, so this has already been achieved. Miss B also has the right to pursue her legal right to rectification. There is no role for the Ombudsman.

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Final decision

9. We will not investigate Miss B’s complaint because we would not achieve the outcome she is seeking.

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Investigator's decision on behalf of the Ombudsman