Summary: We will not investigate this complaint about an assessment carried out by the Council’s children’s services. This is because investigation would not lead to a different outcome.

The complaint

1. Miss X complains about the contents of an assessment completed by the Council’s children’s services in relation to the care of Miss X’s grandchild. Miss X says the assessment was based and should be amended.

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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
• there is another body better placed to consider this complaint.

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

3. 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)
4. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)

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How I considered this complaint

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

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My assessment

7. A manager within children’s services met with Miss X to consider her concerns with the assessment. They concluded that the information included in the assessment was an accurate record of what was discussed between the social worker and Miss X and that the conclusions reached were correct. However, they Council did agree to carry out a further assessment.
8. I will not investigate Miss X’s complaint. The meeting minutes show that the Council fully considered Miss X’s concerns about the assessment but concluded that it was an accurate summary of what was discussed, but has however agreed to carry out a new assessment. Further investigation by the Ombudsman would not lead to a different outcome.
9. If Miss X believes that the Council is holding inaccurate information about her or has shared information about her that is should not have done it is open for her to raise these matters with the Information Commissioner’s Office (ICO) who are best placed to deal with complaints about data protection matters.
10. Miss X also raised concerns about how the Council has dealt with matters regarding the care of her grandchild. Given the facts of the case, and the fact that Miss X does not have parental responsibility for the child I do not consider that he is suitable to act on behalf of the child in regard to this matter.

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Final decision

11. We will not investigate Miss X’s complaint because doing so would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman