Summary: We will not investigate this complaint about the Council’s children’s social care services as there is not enough evidence of fault.

The complaint

1. Ms X complains about the Council’s lack of social care support to her and her adopted children. She also complains about the Council’s data handling.

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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 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))

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. The Council investigated Ms X’s complaints under the statutory children’s complaints process. It did not uphold any complaints but the stage 3 panel made three recommendations. The Council considered these and confirmed action on each.
7. There is not enough evidence of fault in the Council’s complaint investigation and further investigation by us would not achieve anything further. Beyond the Council’s statutory obligations, it is for the Council to decide what social care support to offer. That Ms X is unhappy with the Council’s offer or approach is not evidence of fault.
8. Ms X also complains about the Council wrongly sharing her data with a third party and failing to respond to Subject Access Requests. However, the Information Commissioner’s Office is better placed to consider complaints about data handling.
9. For completeness, I note Ms X has raised concerns about the Council’s safeguarding procedures and the actions of a social worker. However, I cannot investigate or comment as we have already considered these under a separate case.

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Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman