Liverpool City Council (24 012 995)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 15 Jan 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about alleged slander or libel by a social worker against Mr X. These are matters only a court can decide, so it would be reasonable for him to use his right to go to court.
The complaint
- Mr X said a social worker wrongly stated to his partner that he was sex offender.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The matter Mr X complains of is an allegation of slander or libel, or a matter of alleged data inaccuracy. Only a court can determine if what a social worker may have said or written amounts to slander or libel. The possible content of anything the social worker may have written to Mr X’s partner is also a matter the Information Commissioner’s Office (ICO) is better placed than us to consider. This is because it has powers that we lack to require rectification and to impose penalties for the handling of inaccurate data.
Final decision
- We will not investigate Mr X’s complaint because:
- He has a right to go to court regarding alleged slander or libel it would be reasonable to use as only a court can determine these issues; and
- The ICO is better placed than us to consider an allegation of data inaccuracy.
Investigator's decision on behalf of the Ombudsman