Summary: We will not investigate this complaint about children’s services’ actions and the Council’s complaints handling. The council has already examined Mr X’s complaint under the children’s statutory complaints procedure, and further investigation would not lead to a different outcome. Additionally, we cannot achieve the outcomes Mr X wants, and the Information Commissioner is better placed to consider data protection complaints.

The complaint

1. Mr X complained the Council did not properly consider malicious allegations, made errors during its involvement and breached data protection.
2. Mr X said this affected contact with his child, caused financial hardship and distress.
3. Mr X wants the Council’s children’s services to close and for a regulatory inspection to take place.

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The Ombudsman’s role and powers

4. 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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

5. 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

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

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My assessment

8. Mr X complained to the Council about the actions of children’s services. The Council considered Mr X’s complaint through all three stages of the statutory children’s complaints procedure.
9. Mr X said the Council had not fully resolved his concerns and was unhappy with the result.
10. If a complaint has already been through the three-stage Children Act complaints procedure, this means the complainant has already had access to an independent investigation and we are unlikely to reinvestigate unless the earlier investigation was flawed.
11. I have reviewed the complaint documents, including Mr X’s views, the independent stage two reports, the stage three independent review panel report and the Council’s final stage three response.
12. The Council upheld some of Mr X’s complaints at stages two and three, and explained why it did not uphold some of his complaints.
13. The Council has already apologised for delays at stage two and stage three of the children’s statutory complaints process. It offered Mr X £500 as a symbolic financial remedy in recognition of these delays. This is broadly in line with our guidance for remedies.
14. There do not appear to be any obvious flaws in the Council’s investigation and findings. Additionally, the stage two investigation considered Mr X’s views and referred to case records. I am therefore satisfied the Council has properly considered Mr X’s complaint so further investigation by us would be unlikely to lead to a different outcome.
15. We also cannot achieve the outcomes that Mr X seeks. We cannot order that the Council’s children’s services be closed, nor can we instruct a regulator to carry out an inspection. It is reasonable to expect Mr X to contact the regulator independently.
16. The Information Commissioner’s Office (ICO) is the UK regulator for data protection and deals with enforcing UK General Data Protection Regulations (GDPR) and the Data Protection Act 2018.
17. We will not investigate this part of Mr X’s complaint. The ICO is better placed to consider and decide complaints about data protection.

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Final decision

18. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome, we cannot achieve the outcomes that Mr X seeks and the ICO is better placed to consider complaints about data protection.

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Investigator's decision on behalf of the Ombudsman