Royal Borough of Kingston upon Thames (22 001 055)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 15 May 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a social worker writing inaccurate things about Miss X‘s family in a report. The Council does not accept the data it recorded is inaccurate and the Information Commissioner’s Office is better placed to consider this.
The complaint
- Miss X said a social worker pursued a vendetta and wrote inaccurate things about her family in a report. She wanted an apology, records to be rectified, and an explanation of how the Council carried out its investigation.
The Ombudsman’s role and powers
- The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The complaint is about inaccurate data. The Council does not accept the data it holds is inaccurate. The Information Commissioner’s Office (ICO) considers complaints under the General Data Protection Regulation (GDPR) about inaccurate data held about members of the public.
Final decision
- We will not investigate Miss X’s complaint because the ICO is better placed to consider a complaint about inaccurate data where the Council does not accept the data it holds is inaccurate.
Investigator's decision on behalf of the Ombudsman