The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about defamation of character. This is because further investigation would not lead to a different outcome, nor could we achieve the outcome requested.
The complaint
Mr X complains Council officers wrongly claimed he had a mental health condition when they told other agencies he was paranoid.
Mr X says he has suffered defamation of character and lost an opportunity for his child to live with him. He would like to be compensated for the effect on his family life.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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) We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide: further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
In response to Mr X’s complaint, the Council said its records no longer contained any information on Mr X, his health, home situation nor records of visits by officers.
Overall, it found that officers had behaved appropriately and raised professional concerns based on what they had seen. It said it could not consider anything related to Childrens services as that was a matter for the Childrens services department.
The Council explains it did not consider Mr X has been defamed as staff had expressed their professional opinions based on what they had seen. However, it invited him to submit a defamation claim to its insurance section if he wished.
We will not investigate this complaint. The Council has deleted the records complained of, explained the views expressed were professional opinions of social workers and also invited Mr X to send his defamation claim to its insurance section. It is unlikely further investigation by us would lead to a different outcome nor could we achieve the outcome requested.
It is open to Mr X to pursue his defamation claim in the courts if his insurance claim is rejected. We have no remit to legally determine defamation claims.
Final decision
We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome, not can we achieve the desired outcome.
Investigator's decision on behalf of the Ombudsman