Summary: We will not investigate this complaint about information held on the Council’s files relating to the complainant’s children. This is because investigation would not achieve anything significant.

The complaint

1. The complainant, who I will refer to as Mr X, complains that the Council’s files contain false and inaccurate information about him.

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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 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

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. The Council carried out a Child and Family Assessment relating to Mr X’s children in 2018. He complained to the Council about the content of the assessment and the way it was produced. The Council accepted that the assessment was flawed and apologised. Mr X subsequently complained to the Ombudsman. In settlement of this complaint, the Council agreed to add the Ombudsman’s decision statement to its files. We will not revisit matters considered during the investigation of this complaint.
6. Mr X’s new complaint follows a Subject Access Request he made to the Council. He complains that the Council’s files refer to him as a domestic abuser and that it has not implemented the outcome of the Ombudsman’s investigation. He believes the Council should correct the information on its files.
7. The Ombudsman will not investigate Mr X’s complaint because we cannot achieve anything significant by doing so. We will not ask The Council to change the information held on its files retrospectively. The most we would seek to achieve in these circumstances is that a council place a statement of the complainant’s contrary views on the file. The Council has confirmed that the Ombudsman’s previous decision statement, as well as evidence provided by Mr X, have been added to the file. The Ombudsman would not seek to achieve anything more.
8. If Mr X is not satisfied with the content of the Council’s files relating to him, his recourse is to pursue his legal right of rectification by approaching the Information Commissioner’s Office. There is no role for the Ombudsman.

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Final decision

9. We will not investigate Mr X’s complaint because we would not achieve anything significant by doing so.

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Investigator's decision on behalf of the Ombudsman