The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the actions and behaviour of a social worker during child protection enquiries. This is because there is insufficient evidence of fault. In addition, an investigation would not lead to any worthwhile outcomes as we are not likely to make any findings on some of the matters complained about.
The complaint
Mr X complains about the actions of a social worker during child protection enquiries. He says the social worker was rude, unprofessional, and inappropriately contacted his partner telling her to leave him.
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 an investigation if we decide: there is not enough evidence of fault to justify investigating, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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 received a referral regarding an incident that took place between Mr X and his partner. It was alleged there had been a physical assault which occurred in front of Mr X’s child.
The Council started section 47 safeguarding enquiries. The Council has a duty to investigate where there are concerns about a risk of harm to a child. The Council’s records outline the information it considered and its rationale for why it decided to pursue section 47 enquiries. It is for the Council to decide how to proceed by exercising its professional judgement. As the Council made its decision properly, we could not find fault with the decision itself. Therefore, an investigation is not justified.
The Council said the social worker contacted Mr X to establish what had happened and to decide if further safeguarding action was needed to ensure the safety of the child. As part of the section 47 safeguarding process, social workers can contact individuals involved to seek their views and to gather relevant information.
The Council accepted that while Mr X had declined to engage with the social worker during the initial telephone call, the social worker should have made further attempts to contact him. The Council apologised for the lack of communication he received from the social worker. This was appropriate. Therefore, an investigation is not justified on this point as it would not lead to any further outcomes.
Finally, I note Mr X is unhappy with the way the social worker spoke with him and that he considers the social worker inappropriately advised his ex-partner to leave him. However, an investigation is not justified as we are unlikely to make any findings on these points because there will be conflicting evidence as to what happened.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault. In addition, an investigation would not lead to any worthwhile outcomes as we are not likely to make any findings on some of the matters complained about.
Investigator's decision on behalf of the Ombudsman