The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s decision not to allocate her granddaughter a new social worker. That is because there is insufficient evidence of fault to justify our involvement. We will also not investigate her complaint the Council used inaccurate information about her in its reports for court. That is because matters considered by the court are outside our jurisdiction.
The complaint
Miss X complained about the actions of a Council social worker (Officer A). She said Officer A had used inaccurate information about her in reports and sent her emails at unreasonable times. She said Officer A’s actions had resulted in her feeling depressed.
Miss X also complained the Council did not ensure the Police completed an investigation after her granddaughter was assaulted.
Miss X wants the Council to allocate her granddaughter a new social worker and pay her compensation.
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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6)) The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended) We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), 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
The Council has an Interim Care Order in respect of Miss X’s granddaughter, Y. Care proceedings are ongoing in respect of the long-term care arrangements for Y. Officer A has been Miss X’s social worker since May 2021.
Miss X has made several complaints about Officer A and asked the Council to change her to a new social worker. In the Council’s most recent complaint response, it said it would not allocate a new social worker because Y needed continuity and as Officer A had a positive relationship with Y. Although Miss X disagrees with this decision, we will not investigate this complaint further. That is because there is insufficient evidence of fault in how the Council made its decision to justify our involvement.
The Council did apologise for Officer A contacting Miss X outside normal working hours. It said Officer A was trying to be helpful by responding to Miss X’s emails promptly. It said Officer A would not do that further. I am satisfied with the action the Council has taken and will not consider this complaint further.
Miss X is unhappy with the content of the Council’s reports to the Court. We cannot consider this complaint as we cannot investigate what happens in court, including the content of court reports. Miss X should raise any concerns about the content of the reports with the Court.
Miss X is unhappy there was no Police investigation after Y was the victim of an assault. She believes the Council was responsible for the assault as it occurred at a club it had arranged for Y to attend.
The Council’s complaint response confirmed the club was not Council run. Therefore, what happened at the club, was not the responsibility of the Council. The Council held a strategy meeting following the assault and the Police attended. Therefore, there is insufficient evidence of fault in the steps the Council took once it learnt of the assault to justify our involvement. Any complaints Miss X has about the Police’s actions are for the Police and not the Council.
Final decision
We will not investigate Miss X’s complaint because there is insufficient evidence of fault in the Council’s actions, and we cannot investigate her complaint about the content of court reports.
Investigator's decision on behalf of the Ombudsman