Summary: Mr X complained the Council failed to investigate allegations of sexual abuse and failed to provide documents he requested. We should not investigate the complaint because we are unlikely to find fault with the Council’s decision not to investigate and the Information Commissioner is best placed to handle the complaint about failure to provide documents.

The complaint

1. Mr X complained in relation to his allegations of historical sexual abuse while he was in the care of the Council. He says the Council failed to investigate his allegations and failed to provide evidence he asked for. He says the Council’s failures have caused him significant stress, frustration and distress.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault or there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered the information in Mr X’s complaint.
4. Mr X had an opportunity to comment on a draft of this decision. I considered his comments before making the final decision.

Back to top

What I found

What happened

5. Mr X says he was sexually abused over 30 years ago while he was in the Council’s care. Recently he made those allegations to the Council and asked it to investigate them. The Council decided not to investigate the allegations because these were matters for the police to investigate. Mr X says there are currently two live police investigations into his allegations.
6. Mr X requested information from the Council that he considers relevant to his allegations. He says he made the requests under the Freedom of Information Act. He says the information would prove his case and he wants to be able to pass it to the police. The Council has not supplied the information for reasons Mr X believes to be untrue.

Assessment

7. We are unlikely to find fault with the Council’s decision not to investigate Mr X’s allegations of historical abuse. The allegations are ones of criminal behaviour so investigation of them is for the police and Mr X confirms the police are currently investigating.
8. Mr X has a right to see information relating to his own care while he was in the care of the Council. The issues involved about records for looked after children and child protection are complex. Where there is a dispute about such documents the Information Commissioner is best placed to resolve them. The Information Commissioner also deals with complaints about how bodies have handled other requests for information under the Freedom of Information Act and is the body best placed to do that.

Back to top

Final decision

9. We should not investigate the complaint about the Council’s failure to investigate allegations of abuse because it is unlikely we would find fault with the Council’s decision. We should not investigate the complaint about failure to provide information because the Information Commissioner is best placed to handle this complaint.

Back to top

Investigator's decision on behalf of the Ombudsman