Summary: We will not investigate Miss X’s complaint about information the Council has recorded about her and her children. The Council has already amended its records for Miss X’s family. There is not enough evidence of remaining fault to justify our involvement.

The complaint

1. Miss X complains about Council failings between 2022 and 2025. Miss X believes the Council has allowed false malicious reports to influence its action and has misused previous records about domestic abuse. She wants the Council to acknowledge the harm its action has caused to her and her children. She also wants the Council to apologise, award compensation, staff training and correction/removal of 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
• we could not add to any previous investigation by the organisation, or
• 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)

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How I considered this complaint

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

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My assessment

6. The Council has responded to Miss X’s complaints as summarised in paragraph 1 above. It has apologised for inaccurate recording of information about Miss X’s children and has amended its records following her complaint. The Council has offered make further amendments to its records if Miss X has any further concerns. The Council has also offered to meet with Miss X to discuss any concerns she continues to have.
7. The action the Council has taken appears reasonable and proportionate in the circumstances. The Council has a legal duty to consider all incoming safeguarding referrals for children in its area, even if these appear to be malicious as Miss X alleges in this case. The Council also has a legal duty to ensure it considers historic records for a family to help it identify patterns of safeguarding concerns which might indicate a risk of harm to children.
8. Miss X’s main concern appears to stem from police attendance to her home following reports from a neighbour. While these have no doubt caused distress to Miss X and her children, the Council is not involved in these reports nor the action the police have taken in response. There is not enough evidence of remaining fault by the Council to justify us investigating this matter further.

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Final decision

9. 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