Summary: We will not investigate this complaint that the Council has declined to correct inaccuracies in an assessment. Investigation would not lead to a different outcome and is not therefore warranted.

The complaint

1. The complainant, Miss X, complains that the Council has declined to correct inaccuracies in an assessment.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X’s complaint concerns the content of an assessment completed by Children’s Services in 2018. She says the content of the assessment is inaccurate, and the inaccuracies continue to affect current assessments.
6. Miss X has asked the Council to correct or annotate the assessment. It has declined to amend the assessment, but states that it has added information to the file setting out Miss X’s views and identifying the information she regards as inaccurate.
7. The Ombudsman will not investigate Miss X’s complaint. This is because investigation would not lead to a different outcome. We do not ask councils to change their records retrospectively. This is because the records set out the council’s understanding of the matter at the time they were created. The most we would want to see in these circumstances is that a record of the complainant’s contrary view is added to the file. That has already been offered in this case, and our intervention would achieve nothing more.
8. If Miss X believes the Council holds false information about her, she may wish to pursue her right to rectification under data protection law. There is no role for us.

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Final decision

9. We will not investigate Miss X’s complaint because investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman