Summary: We will not investigate this complaint about the contents of a child and family assessment report issued by the Council. The Council has removed the incorrect information and reissued the report. The Council has apologised to Mr X. An investigation would not achieve anything more.

The complaint

1. Mr X complains that a child and family assessment report contained incorrect information related to him. Mr X says the Council is also withholding information from him as it has redacted part of the report. He says the assessment was not completed impartially by the Social Worker.
2. Mr X says he has suffered emotional distress.

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The Ombudsman’s role and powers

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:

• we could not add to any previous investigation by the organisation, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

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

4. 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

5. I considered information provided by Mr X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. When receiving the assessment report, Mr X told the Council it contained incorrect information about him. The Council, on the same day, agreed to remove the reference and issued an apology to Mr X. The Council produced an amended report. We will not investigate this as an investigation would be unlikely to lead to a different outcome or achieve anything more.
8. There are redactions in the copy of the report issued to Mr X. The Council says this is for data protection and confidentiality reasons and that it is not unnecessarily withholding information from Mr X.
9. We will not investigate this. If Mr X is dissatisfied with the Council’s response, he can take his complaint to the Information Commissioner’s Office (ICO). The ICO are better placed to consider a complaint about data protection or information rights.

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Final decision

10. We will not investigate Mr X’s complaint because there is no worthwhile outcome achievable by our investigation. The Council has apologised to Mr X and amended the error. The Information Commissioner’s Office is better placed to consider a complaint about data protection.

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Investigator's decision on behalf of the Ombudsman