Summary: We will not investigate this complaint about the way the Council dealt with information relating to her son. There is no worthwhile outcome achievable by our investigation.

The complaint

1. Mrs X complains about the way the Council handled her son’s, Mr Y, personal information. Mrs X says the Council’s officers focussed on Mr Y’s profession too much and did not have evidence of derogatory comments they alleged he had made. Mrs X says the Council failed to make reasonable adjustments in the way it communicated. She says the Council’s actions impacted on Mr Y’s mental wellbeing and his safety because of the personal information it shared. Mrs X says she wants the Council to provide evidence of the derogatory comments it alleged Mr Y made. She says the Council should review how it handled the situation and apologise for the way it treated Mr Y. She also says it should review how it supports and communicates with neurodivergent people.

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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. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X’s complaint to the Council did not refer to the way it communicated with neurodivergent people or how it considered reasonable adjustments. Mrs X should first complain to the Council about this part of her complaint before the Ombudsman can consider a complaint about this issue.
7. Mrs X complained to the Council about the way it had had handled her son’s personal information and shared details of his profession. The Council acknowledged the complaint by letter and confirmed the issues it would investigate. The letter referred to its reasonable adjustment policy available on its website stating it would consider reasonable adjustment.
8. The Council responded to the complaint at stage one of its procedures. It said
   it had obtained information about Mr Y’s profession from himself during a meeting. It said Mr Y’s profession had no relevance in the way it dealt with
   anti-social allegations being experienced a third-party Mr Y had supported during meetings.
9. The Council responded to derogatory comments it said Mr Y had made. It provided examples of the comments and the dates when it had recorded statements from Mr Y. At both stages of its complaint procedures the Council told Mrs X it was not responsible for any internal investigation Mr Y’s employer may have decided to undertake in response to the complaint made. The Council did not find evidence to support Mrs X’s view it was responsible for a data breach.
10. We will not investigate Mrs X’s complaint because there is no worthwhile outcome achievable by our investigation. The Council has already explained how it obtained details about Mr Y’s profession and shared evidence to support its view he made derogatory comments. It also explained it was not responsible for any investigation undertaken by Mr Y’s employer. We cannot add to the investigation already completed by the Council.

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Final decision

11. We will not investigate Mrs X’s complaint because there is no worthwhile outcome achievable by our investigation.

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Investigator's decision on behalf of the Ombudsman