The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has refused to acknowledge that its officer acted unprofessionally. This is because we cannot achieve the outcome the complainant is seeking.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council has refused to acknowledge that its social worker acted in an unprofessional manner.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (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 B was party to a child protection matter in 2020. He subsequently complained to the Council that its social worker was at fault and acted unprofessionally in the course of her involvement with him. The complaint correspondence shows his complaints were upheld in part.
Mr B wants the Council to explicitly accept that the social worker acted unprofessionally. The Council has recognised that this is his view, but says it does not share it.
The Ombudsman will not investigate Mr B’s complaint. We investigate complaints about fault causing injustice on the part of corporate bodies, not individuals. The professionalism, or absence of professionalism, on the part of individual officers is not a matter for us. As we cannot take a view on the matter, we cannot find the Council’s position amounts to fault and cannot achieve what Mr B wants.
Final decision
We will not investigate Mr B’s complaint because we cannot achieve the outcome he is seeking.
Investigator's decision on behalf of the Ombudsman