Summary: We will not investigate Miss X’s complaint about an inaccurate children service’s assessment. It is unlikely we could achieve a significantly different outcome and the Information Commissioner's Office is better placed.

The complaint

1. The complainant, whom I shall call Miss X, says the Council holds inaccurate information about her and her family.

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The Ombudsman’s role and powers

2. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide:
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)
4. 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

5. I considered information provided by Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X says the Council produced an inaccurate and unfair child and family assessment in the spring of 2022. She complained to the Council in multiple emails specifying the inaccuracies. The Council replied to her complaint in late June. It then met her in early July to discuss the assessment. It wrote to her following the meeting and said it would place on file:
• a summary of her concerns, if she emailed the Council with this following the meeting (which she did); and
• a copy of the assessment with her annotations on it.
8. We will not investigate Miss X’s complaint because:
• It is unlikely we could achieve a significantly different outcome.
• The Date Protection Acts give Miss X a right to ask that inaccurate documents are rectified. If that is not completed she can ask the Information Commissioner’s Office (ICO) to consider the case. There are complex data protection exemptions in children services cases and therefore the ICO is better placed to consider if the Council has adequately rectified the assessment.

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Final decision

9. We will not investigate Miss X’s complaint because it is unlikely we could achieve a significantly better outcome than the Council has offered and the ICO is better placed.

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Investigator's decision on behalf of the Ombudsman