The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about children services’ actions. The Information Commissioner’s Office is better placed to consider his data protection complaints. We are unlikely to find fault in his complaint about customer practice and a referral to a charity.
The complaint
Mr X complains about children services’ actions.
The Ombudsman’s role and powers
We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended) 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 further investigation would not lead to a different outcome; or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says his ex partner made allegations to the Council concerning his child Y. He says these were false. The Council carried out a comparatively brief inquiry and took no further action. Mr X complains about how the Council carried this out. The Council replied to his complaint in detail in March 2024.
Mr X says the Council gave Y, his expartner and other people, the option of having their comments redacted but he says he was not given that option. The Council says it had to redact information it gave Mr X due to Data Protection rules. It suggested Mr X contact the Information Commissioner’s Office (ICO) about any data issues.
Mr X says he has no idea what allegations have been made against him. The Council says it has disclosed all the information it can to him.
Mr X says the Council has refused to give him the child/ social care qualifications of all the officers who dealt with him.
All four of the complaints above are ones which engage Data Protection rules. The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation.
There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. I consider that to be the case here and Mr X should therefore approach the ICO about his concerns.
Mr X says Y was referred to a charitable body who has been assisting his ex partner for advice on their separation. He believes the Council should not have referred Y to this body as it is in his view a conflict of interest. The Council says this was the right body for a referral in this case. We are unlikely to find fault in its decision on this complaint.
Mr X says a Council officer was rude to him during a telephone conversation. The Council says there are differing views about this conversation. We are unlikely to find a different conclusion as there are practical problems in investigating this.
Final decision
We will not investigate Mr X’s complaint because the ICO is better placed and we are unlikely to find fault in the rest of his complaint.
Investigator's decision on behalf of the Ombudsman