Summary: We will not investigate this complaint about the actions of the Council regarding matters concerning its children’s services because doing so would not lead to a different outcome, and we cannot achieve the outcome she seeks. We cannot investigate the Council regarding its role as a social housing landlord and cannot investigate schools or the police. The Information Commissioner is better placed to consider complaints about data protection matters.

The complaint

1. Miss X raises several complaints about Council children’s and housing services, the police and her child’s school going back to 2020. Miss X says she wants officers sacked and criminal charges to be brought against them.

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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 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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended.

4. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

5. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
6. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the police. (Local Government Act 1974, sections 25 and 34(1), as amended)
7. 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)

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How I considered this complaint

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. I cannot investigate concerns raised by Miss X about the actions of the police or her child’s school as we have no jurisdiction to investigate these bodies.
11. I also cannot investigate concerns Miss X has raised about the condition of her council home. This is because the law prevents us from investigating council’s when they are acting as a social housing landlord, as they are doing in this case.
12. I will not investigate the actions of the Council going back to 2020 because too much time has passed, and I see no good reason why Miss X could not have complained sooner.
13. If Miss X believes the Council has committed a data breach in how it has stored and shared her information, it would be reasonable for her to raise this with the Information Commissioner’s Office (ICO) who are better placed to consider complaints about data protection matters.
14. The Council considered a complaint from Miss X recently about comments made by a social worker. The Council fully upheld this complaint apologised and took steps to avoid the issue reoccurring. I will not investigate this element of Miss X’s complaint because the Council’s actions are appropriate and proportionate so doing so would not achieve a different outcome. We also cannot achieve the outcomes Miss X seeks as we have no power to instruct councils to sack staff or to take legal action against members.

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Final decision

15. We will not investigate Miss X’s complaint because investigation into comments made by a social worker would not lead to a different outcome and we cannot achieve the outcome Miss X seeks. We cannot investigate the Council regarding its role as a social housing landlord and cannot investigate schools or the police. The Information Commissioner is better placed to consider complaints about data protection matters.

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Investigator's decision on behalf of the Ombudsman