Summary: We will not investigate this complaint about an assessment undertaken by the Council following information shared by the Police because there is insufficient evidence of fault by the Council to justify an investigation, an investigation would not change the outcome and we cannot achieve the outcome the complainant wants.

The complaint

1. Ms M complains about an assessment undertaken by the Council following information shared by the Police. She says the assessment contains inaccurate information.

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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:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider the complaint, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

3. I considered information provided by Ms M and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Police shared information with the Council which suggested a child in Ms M’s household may be at risk of harm. The Council conducted a ‘single assessment’ and decided there was no risk of harm to the child and closed the case.
6. Ms M explained why she believed the Police involvement was wrong. She described the distress caused by the Police handling of the case. I have not included the details here to ensure Ms M’s anonymity, but I have taken account of everything she said.
7. Ms M is concerned that information from the Police referral remains on file at the Council. She says the information is wrong and is concerned about its potential to cause problems in the future. She wants the information removed from the records.
8. Ms M is also unhappy with the Council’s response to her complaint.
9. We do not have the resources to investigate every complaint we receive. The law allows us to choose which complaints we investigate. Unfortunately, some people who complain to us will be disappointed.
10. We choose to investigate those complaints where we think our investigation will make a difference, both for the person making the complaint and for the public at large.
11. In this case, there is not enough evidence of fault by the Council to justify investigating.
12. It is clear the origin of Ms M’s compliant lies with action taken by the Police. We cannot investigate the actions of the Police.
13. The Police shared information with the Council and the Council conducted a ‘single assessment’ to evaluate the information. On the evidence I have seen, there is no fault in that. This means investigation by us is unlikely to lead to any improvements which will benefit the public at large. It would not be a good use of our limited resources.
14. The Council concluded there was no risk to Ms M’s child and closed the case. While it might be possible to investigate the way the Council conducted the assessment, our investigation would not change the outcome.
15. Further, we could not achieve the outcome Ms M wants by investigating her complaint. We cannot direct the Council to change or alter records. Ms M may consider taking advice from the Information Commissioner on her rights to challenge information held by the Police and the Council. The Information Commissioner is better placed to consider these matters.
16. Taking all of these factors into account, there is nothing worthwhile we could achieve by investigating Ms M’s complaint.

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Final decision

17. We will not investigate Ms M’s complaint because there is insufficient evidence of fault by the Council to justify an investigation, an investigation would not change the outcome and we cannot achieve the outcome Ms M wants.

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Investigator's decision on behalf of the Ombudsman