The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council failing to respond to his information request. This is because there is another body better placed to consider his complaint.
The complaint
Mr X complains the Council sent false and misleading information to another organisation. He says the Council failed to provide copies of the information it provided despite requesting it.
The Ombudsman’s role and powers
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 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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X made a referral to Social Work England regarding the conduct and actions of several social workers.
After consideration of his concerns, Social Work England decided there were no reasonable grounds to investigate the social workers he referred. In its decision, Social Work England referenced receiving comments and documentation from the local authority.
Mr X says the Council has not responded to his requests to provide the information it gave to Social Work England.
An investigation is not justified because there is another body better placed to consider the complaint. The Information Commissioner’s Office (ICO) is best placed to deal with Mr X’s complaint about the Council’s failure to deal with his request to provide a copy of the information it provided to Social Work England.
Mr X provided us with evidence to support his view the Council sent Social Work England misleading and false information. Mr X ultimately wants Social Work England to reconsider its decision not to investigate the concerns he raised about the social workers as he considers they made its decision based on this flawed information.
I am satisfied it is reasonable for Mr X to raise his concerns with Social Work England and that only Social Work England can decide whether it agrees the information it relied on to make its decision was flawed. Therefore, we will not investigate this complaint because there is another body placed to consider the matter.
Final decision
We will not investigate Mr X’s complaint because there is another body better placed to consider his complaints.
Investigator's decision on behalf of the Ombudsman