London Borough of Sutton (25 012 156)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 19 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s children services response to a welfare concern. An investigation is unlikely lead to a different outcome, and the Information Commissioner's Office is better placed to consider data protection complaints.
The complaint
- Miss X complains the Council failed to act, following a welfare concern raised regarding her and her children. Miss X also complains the Council has failed to share documents with her, and the Council has breached the Equality Act 2010 by failing to make reasonable adjustments for her disabilities. Miss X wants the Council to recognise and remedy safeguarding failings, and for the Council to supply her with the documents she has requested.
The Ombudsman’s role and powers
- there is not enough evidence of fault to justify investigating or
- further investigation would not lead to a different outcome.
- there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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)
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X told the Council, in June 2025, she felt she was in crisis and asked for support for herself and her children to get them to school. The Council considered its duties to Miss X and her children. The Council holds child in need care plans for the children. The Council held an internal multi agency meeting to discuss if it needed to take action. It decided to carry out a brief child protection assessment. It considered the outcome of this assessment and decided it did not need to provide the support Miss X had asked for. Miss X disagreed and complained.
- We look at the processes an organisation followed to make its decision. We are unlikely to find fault with the Council for the process it followed.
- Miss X has the right to request records are disclosed to her. If the Council refuses to do so, she can complain to the Information Commissioner’s Office (ICO). Parliament set up the ICO to consider data protection disputes which includes disclosed of documents disputes. The ICO are better placed than us to consider if the Council should disclose the documents she wants particularly because there are complex exemptions for child protection case files.
- The Council’s complaint reply to Miss X set out what action it had taken to consider her requested reasonable adjustments. It apologised to Miss X for this not being as good as it could be and set out what it would then do. Our investigation is unlikely to achieve more.
Investigator's decision on behalf of the Ombudsman