Summary: We will not investigate Mr X’s complaint about how the Council responded to an assault allegation. The Information Commissioner’s Office is better placed to consider data protection complaints.

The complaint

1. Mr X says the Council’s children services team failed to investigate an allegation against his child properly.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate a complaint if it is about action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. (Local Government Act 1974, Schedule 5, Section 26, paragraph 2 as amended)
3. 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).

Back to top

How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. The Council received a referral in September 2024 which alleged Mr X’s child, Y, had assaulted another child. The MASH considered the referral. The Council decided to offer a child in need assessment to the family for any support Y and the family might need. The Council says family declined this. Mr X then complained about communication issues and the Council’s approach to the allegation.
7. The Council replied at stage one and two of its corporate complaint’s procedure. It apologised for poor communication including not returning calls and not telling Mr X it had closed the case.
8. The Council has a duty to consider any referrals made to it. We cannot look at the Police response to the allegation. Mr X fears what other people such as the school Y attends have been told. He can ask for the documents and information the Council holds including what it has shared with others. If Mr X believes information should not have been shared he can complain to the Information Commissioner’s Office (ICO). If he feels the Council has inaccurate information he can request it is amended (right to rectification procedure) and after that complain to the ICO if that does not happen. It is reasonable to expect Mr X to approach the ICO as Parliament set up the ICO up to deal with this sort of situation.
9. Given the relatively short time scales involved and the Council’s apology we are unlikely to achieve any significant remedy for any other remaining parts of his complaint.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because the ICO is better placed to consider any complaint about data protection issues. And we are unlikely to achieve a significantly different remedy than the apologies already given.

Back to top

Investigator's decision on behalf of the Ombudsman