Summary: We will not investigate Mr X’s complaint that the Council has failed to ensure the NHS keeps up to date records. This is because an investigation by this office would not be able to add to the response the Council has already provided via its own investigation of the matter.

The complaint

1. The complainant, Mr X, complains the Council has failed to ensure the NHS updated its records after his childrens’ child protection plan was stepped down to child in need in late 2023. When Mr X accessed NHS services for his children on two occasions in 2024 the NHS records were not up to date and still indicated there was a child protection plan in place. Mr X says this impacted the NHS’s response to their contact and caused distress to him and his family.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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
• there is another body better placed to consider this complaint. (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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In response to Mr X’s complaint, the Council confirmed it updated all NHS health agencies when his children were stepped down from a child protection plan to a child in need plan in late 2023. It also sent a further contact the following month with the relevant meeting minutes. It explained it had no control over how the NHS agencies updated their records. As well as signposting Mr X to this office it signposted him to the NHS to make a complaint and to the Information Commissioner’s Office.
7. We will not investigate Mr X’s complaint. This is because an investigation by this office could not add to the response already provided by the Council via its own investigation of the matter. The Council has confirmed it updated the NHS at the time of the change and has explained it has no control over how the NHS updated or maintained its records. A complaint about this would need to be made direct to the NHS. The Information Commissioner’s Office could also consider a complaint about the handling of his data. The Council has already provided Mr X with the relevant signposting information. There is nothing further we would add or recommend were we to investigate.

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Final decision

8. We will not investigate Mr X’s complaint because an investigation by this office could not add to the response the Council has already provided via its own complaint investigation.

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Investigator's decision on behalf of the Ombudsman