Torbay Council (25 006 112)

Category : Children's care services > Child protection

Decision : Closed after initial enquiries

Decision date : 14 Oct 2025

The Ombudsman's final decision:

Summary: We will not investigate Miss X’s complaint the Council fraudulently put her signature into a child protection document. There is not enough evidence of fault to justify our involvement.

The complaint

  1. Miss X complained the Council fraudulently inserted her signature into a working agreement that the Council had drawn up as part of child protection enquiries. She said she did not realise the Council had done this until she made a subject access request (SAR). She said this had caused her distress. She wants compensation and for the Council to take disciplinary action against the Social Worker responsible.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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)
  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 not enough evidence of fault to justify investigating.

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

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Miss X has provided the Ombudsman evidence of a working agreement written in note form, which she signed in January 2023. In its complaint response, the Council confirmed the Social Worker typed this agreement up and added it to Miss X’s case records in February 2023. It said the Social Worker incorrectly dated that as March 2023.
  2. Miss X has provided the Ombudsman a copy of an electronic written agreement the Council sent her in June 2023. That contained additional requirements to the January agreement. The document provided is unsigned.
  3. We will not investigate Miss X’s complaint the Council fraudulently cut and paste her signature into a working agreement. Firstly, the Council has explained it incorrectly dated the March 2023 agreement. This is the document Miss X believes was fraudulently doctored. There is not enough evidence of fault to justify our involvement.
  4. Secondly, her complaint about the Council adding to the June 2023 working agreement is late. We expect a person to bring a complaint to us within twelve months of becoming aware of a matter. Miss X received the document in June 2023, she did not complain to us until June 2025. That is no good reason to exercise discretion to consider this now.

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Final decision

  1. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman

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