Summary: We will not investigate this complaint about the Council’s actions relating to X’s child. This is because there are other bodies better placed to investigate X’s complaint.

The complaint

1. X complained, saying there was a fault in the procedures, relating to the Council’s contact with their child. They said the records it made were inaccurate and decisions it took, were also flawed. X said this meant the decisions the Council took were unfair and led to the removal of their child.

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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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.
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 the complainant and I considered the Ombudsman’s Assessment Code.

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My assessment

6. X said the procedures the Council used during its contact with their child were flawed and this led to inaccurate record keeping and unfair decisions.
7. I have considered the context of X’s complaint. These are matters which relate to concerns about professional practice and the accuracy of information recorded by a public body.
8. I will not investigate X’s complaint because Social Work England and the Information Commissioner are bodies that can address their concerns about these matters.
9. Nor will I investigate a refusal by the Council to consider a complaint about X’s concerns. This is because it is not a good use of resources to consider complaints about complaint handling, where we decide not to investigate the main issue X is complaining about.

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Final decision

10. We will not investigate X’s complaint because there are other bodies better placed to look at their concerns.

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Investigator's decision on behalf of the Ombudsman