The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision that his children should be made subject to child protection plans. This is because it is unlikely we would find fault and we are unable to achieve the outcome he seeks.
The complaint
Mr X complains about the Council’s decision to place his children on a child protection plan. Mr X says the decision was based on false allegations about him and wants the Council to either step the case down to a child in need case or end its involvement with his family.
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 or continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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)
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 was arrested after allegations were made about him. The Council commenced child protection enquiries, and a multi-agency child protection conference recommended they be subject to a child protection plan.
I will not investigate Mr X’s complaint because doing so could not achieve the outcome he seeks. It is for the members of the multi-agency child protection conferences to determine if Mr X’s child should remain on a child protection plan, this is not a decision that the Ombudsman can influence. It is unlikely we would find fault with the Council for following the recommendations of the child protection conference.
If Mr X feels the Council is holding inaccurate information about him, he can ask the Council to amend it. If it refuses, he can raise the matter with the Information Commissioner’s Office (ICO) who are better placed to consider complaints about data protection matters.
Final decision
We will not investigate Mr X’s complaint because it is unlikely we would find fault and we are unable to achieve the outcome he seeks
Investigator's decision on behalf of the Ombudsman