Torbay Council (24 012 890)

Category : Children's care services > Fostering

Decision : Closed after initial enquiries

Decision date : 13 Jan 2025

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint the Council made false allegations about his behaviour. Further investigation would not lead to a different outcome.

The complaint

  1. Mr X complained a Council Social Worker made false allegations about his conduct during a meeting. Mr X said the Council had accepted the Social Worker’s version of events and disregarded his. He wants the Council to retract the statements the Social Worker made.

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The Ombudsman’s role and powers

  1. 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
  • further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. We will not investigate Mr X’s complaint the Council’s Social Worker made false allegations about his conduct. In the Council’s complaint response, it said Mr X and the Social Worker had different recollections about what had happened. It said without supporting evidence it could not make a finding on his complaint. There is no evidence of fault in how the Council considered his concerns. Further investigation by the Ombudsman would not lead to a different outcome.

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Final decision

  1. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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