Summary: We will not investigate Mrs X’s complaint about children services’ actions as the Information Commissioner’s Office and Social Work England are better placed.

The complaint

1. Mrs X, says the Council has refused to provide information she needs. She complains about an officer’s conduct and the care of two looked after children.

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The Ombudsman’s role and powers

2. 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)
3. 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.
• the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mrs X which included the Council’s reply to her.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complains on behalf of a family member, Ms Y. Ms Y has provided consent for Mrs X to complain on her behalf. Ms Y has two children who are cared for by the Council following court proceedings. Ms Y would like to work towards her children coming back to live with her.
7. Mrs X complains about the following issues, for which each I have set out our decision:
1. Mrs X says the Council has not provided information about the children, meetings or targets for Ms Y to meet even though Ms Y has given consent. The Council says it has where it can. It says one of the children does not want Mrs X to receive the information she wants. It has suggested Ms Y obtain another advocate who is not a family member. It has suggested Mrs X contact adult social care to arrange this.

The Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes refusing to provide requested information.

There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. I consider that to be the case here and Mrs X should therefore approach the ICO about his concerns.

2. Mrs X says an officer has not acted professionally. This includes being rude and not giving the level of customer care she expects.

Our role is to investigate the actions of the Council as a corporate body, not to hold a single officer accountable. If Mrs X has concerns about the professionalism or integrity of an individual social worker, it is reasonable to expect her to report her concerns to their professional body, Social Work England.

3. Mrs X has concerns about the adequacy of safeguarding one of the children whilst they are in care. She says the child has become involved in dangerous activities.

The Council says the child involved who is over 16, has refused consent for full information to be disclosed to Mrs X. We are unlikely to find fault in the Council’s decision not to include Mrs X in decisions about that child’s life.

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Final decision

8. We will not investigate Mrs X’s complaint because there are two other bodies better placed.

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Investigator's decision on behalf of the Ombudsman