The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about a report written by a social worker. This is because there is insufficient evidence of fault to justify an investigation.
The complaint
Miss X complains about a report written by the Council’s social worker. She says the report is full of assumptions and untruths, omitted and misrepresented important information, and is not an accurate representation of her children’s voice or experience. She also complains the social worker influenced the officer who completed a Section 7 report for court proceedings.
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (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 Council’s social worker completed an assessment for Miss X’s children. As part of the assessment, the social worker gathered the views of the parents, children, and other professionals.
The Council confirmed Miss X had the opportunity to outline her views and concerns and that these were reflected within the assessment. The Council also confirmed there was managerial oversight of the assessment to review the process taken.
The Ombudsman cannot find fault or overturn the Council’s decision if the decision was made properly. In this case, there is no evidence to suggests the social worker failed to follow the correct process when they completed the assessment. Evidence also shows the social worker appropriately reflected both parental views and concerns, as well as the views of the children. Therefore, the social worker was entitled to outline their professional judgment based on the information gathered.
I acknowledge Miss X disagrees with the social worker’s professional judgment. However, an investigation is not justified as we are unlikely to find fault with how the Council completed the assessment.
Miss X’s complaint about the social worker influencing the officer who completed a Section 7 report for court proceedings is outside our jurisdiction. This is because the report was created for court proceedings and would have been considered during these proceedings. Miss X would have had the opportunity to challenge the contents of the Section 7 report in court.
Final decision
We will not investigate Miss X’s complaint because there is insufficient evidence of fault to justify an investigation. In addition, Miss X’s complaints about the social worker influencing a Section 7 report is outside of our jurisdiction.
Investigator's decision on behalf of the Ombudsman