Summary: We will not investigate this complaint that the Council provided incorrect information to the Disclosure Barring Service. This is because there is an appeals process for Disclosure Barring Service decisions.

The complaint

1. Ms Y complained the Council provided incorrect information to the Disclosure Barring Service (DBS). She says this meant she lost her job working with children.

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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 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 considerPV06aed 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. The DBS requested the Council provide information about Ms Y.
6. The Council’s Information Governance Team provided the information. This included collective information from all professionals, including the police who were involved with Ms Y and her family since 2022.
7. Ms Y says the DBS made a decision based on the Council’s information which has meant she is now unable to work.
8. Ms Y says the DBS decision is wrong because the Council provided incorrect information about her.
9. The Council in reply to her complaint advised Ms Y about her right to appeal the DBS decision to the Upper Tribunal.
10. We cannot investigation the DBS decision. Parliament created an appeals process for DBS decisions. The appeal right includes when a person believes there has been mistake in the information provided to the DBS.

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Investigator's decision on behalf of the Ombudsman