Medway Council (22 007 278)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 05 Oct 2022
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about a safeguarding flag not being placed on his childrens’ medical records after he raised concerns about them to the Council. This is because an investigation by this office could not add to the response already provided by the Council.
The complaint
- The complainant, whom I shall call Mr X, complains a safeguarding flag was not placed on his childrens’ NHS medical records after he raised concerns to the Council about his children.
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 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)
- We do not start an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council that it did not ask his childrens’ GP surgery to place a safeguarding flag on their medical records after Mr X raised concerns about them. Mr X had asked his childrens’ GP surgery to place a flag on their medical records but it said it had not received information from external services to cause it to do so.
- The Council told Mr X it would not consider his complaint. This is because it is not responsible for the management of his childrens’ medical records. It is a matter for the NHS.
Final decision
- We will not investigate Mr X’s complaint. This is because an investigation by this office could not add to the response the Council has already provided on this matter, which explains what is held on his childrens medical records is a matter for the NHS and not the Council. It is not clear whether Mr X has already submitted a formal complaint to the NHS about this matter but it would be open to him to do so.
Investigator's decision on behalf of the Ombudsman