Summary: We will not investigate Ms X’s complaint about the Council failing to follow correct process when investigating an allegation raised by her child. This is because we cannot achieve the outcome she wants.

The complaint

1. Ms X complains the Council failed to follow correct process when investigating an allegation raised by her child. She also complains the Council refused to delete her and her children’s information from its records.

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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 an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Ms X’s child raised an allegation about her father. The child’s father does not live with Ms X and her children.
6. Ms X said the Council visited her home without any prior notice. She says the social worker failed to provide important information to her and that this information would have affected her decision to allow the social worker into her home.
7. In its complaint response, the Council accepted it could have provided clearer information about the child in need procedures. The Council noted however that even if Ms X had refused to allow the social worker to enter, this would not have necessarily prevented an assessment. The Council explained the social worker would still have needed to consider whether there were grounds to escalate for further action following refusal.
8. An investigation is not justified as the outcome Ms X is seeking is for the Council to delete her and her children’s information from its records. This is not an outcome we could achieve for Ms X as we cannot recommend the Council delete records. The Information Commissioner’s Office (ICO) would be better placed to consider this as it can consider requests for rectification and deletion under data protection legislation.
9. Further, I acknowledge there is a dispute regarding whether the Council spoke with the child’s father. However, I do not consider an investigation to be justified on this point as we are unlikely to make any findings on this point due to the conflict in evidence.

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Final decision

10. We will not investigate Ms X’s complaint because we cannot achieve the outcome she wants.

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Investigator's decision on behalf of the Ombudsman