Summary: We will not investigate this complaint about the Council’s children’s services and its involvement with her and her family. This is because there is insufficient evidence of fault, and we cannot achieve the outcome she seeks. It is reasonable for the complainant to raise her complaint about how child’s personal information is managed with the Information Commissioner.

The complaint

1. Miss X complains that the Council has opened a child protection case after receiving a safeguarding concern from her child’s school. Miss X says the concern from the school is false and the Council has no right to be involved with her family. She wants the Council to close its case. Mrs X also complained to the Council about how it has processed her child’s personal information.

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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 not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(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. 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. When councils have reasonable cause to suspect that a child in their area is suffering or is likely to suffer significant harm, it has a duty under the Children Act 1989 (the Act) to make such enquiries as it considers necessary to decide whether to take any action to safeguard or promote the child’s welfare. Such enquiries should be initiated where there are concerns about abuse or neglect.
7. I will not investigate Miss X’s complaint. The Council received a safeguarding concern about Miss X’s child and therefore made enquiries as it had a duty to do under the Act. For this reason, we are unlikely to find fault by the Council. We cannot achieve outcome that Miss X is seeking because it is for the Council to decide when to close child protection cases. This is a decision only the Council can make.
8. I will not investigate Miss X’s complaint about how her child’s personal information was handled. This is because it is reasonable for her to complain to the Information Commissioner’s Office (ICO) about this matter. The ICO are best place to deal with complaints about data protection matters.

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Final decision

9. We will not investigate Miss X’s complaint because there is insufficient evidence of fault, we cannot achieve the outcome she seeks and the ICO are better placed to consider complaints about data protection matters.

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Investigator's decision on behalf of the Ombudsman