Summary: We will not investigate Ms X’s concerns about the accuracy of Council records or her concerns about a member of staff. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect Ms X to raise her concerns at court.

The complaint

1. Ms X complains the Council has falsified records, visited her at inconvenient times and that an officer abandoned her while she was having a medical emergency. Ms X also says she has concerns about an officer’s fitness to practice.

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The Ombudsman’s role and powers

2. 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)
3. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start with an investigation if we think the issues could reasonably be or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
4. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

My assessment

7. The Council recently wrote to Ms X saying that, due to ongoing court proceedings concerning a child, it would not be appropriate to consider her complaints. It said this is because she can raise them at court.
8. However, it advised it could look at any matters that had not been raised with the court after the court proceedings finish.
9. We will not investigate. This is because it is reasonable to expect Ms X to raise her ongoing concerns about children’s services actions concerning her family at court.
10. Further, there are other bodies better placed to consider the data breach/inaccurate records and fitness to practice aspects of Ms X’s complaint.
11. The Information Commissioner's Office (ICO) is better placed to consider, (as the UK's independent authority on information rights matters) if the Council holds accurate information concerning Ms X and her family, as required under the UK General Data Protection Regulations.
12. And, Social Work England can investigate concerns about social workers’ fitness to practise, as the regulators for social workers in England.

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Final decision

13. We will not investigate Ms X’s complaint because it is reasonable to expect her to raise it at court.

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Investigator's decision on behalf of the Ombudsman