Summary: We will not investigate this complaint about a comment in an email sent by a council officer following a fostering review. This is because we could not add anything to the Council’s response or achieve anything more. We cannot achieve the outcome Mr X wants.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained about a comment in an email sent by a council officer following a fostering review. Mr X wants an apology and a corrective email sent to those who viewed the comment.

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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, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(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. This includes the accuracy of information held by a council. 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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate Mr X’s complaint.
7. This is because the Council has responded to Mr X’s complaint and explained the comment. It is not for us to say what comments council officers should make in emails or reports. We cannot therefore say the Council should apologise, withdraw the comment, or send an email to those who have seen it. We cannot give Mr X the outcome he wants.
8. Mr X could ask the Council to add a statement of his views to its files. If Mr X was unhappy with the Council’s response, or feels the Council holds factually inaccurate information, he can contact the Information Commissioner’s Office. This organisation is better placed than the Ombudsman to consider such matters.

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Final decision

9. We will not investigate Mr X’s complaint because an investigation would not achieve the outcome he wants.

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Investigator's decision on behalf of the Ombudsman