The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of a social worker leading up to an Initial Child Protection Conference. This is because there are other bodies better placed to consider this complaint.
The complaint
Ms B complained about the social worker’s conduct and treatment of her throughout the Initial Child Protection Conference (ICPC) process. Ms B says the social worker’s report for the ICPC was biased, non-factual and inaccurate.
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 or continue an investigation if we decide there is another body better placed to consider this complaint.
We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council says it has advised Ms B to notify the information governance team of the inaccuracies in the social worker’s report and use her right of rectification. This would correct any factual errors. If the Council refuses to do so, Ms B can complain to the Information Commissioner’s Office (ICO). The Ombudsman would expect Ms B to bring this to the attention of the ICO as it is better placed to consider complaints about a public authorities’ failure to follow data protection legislation.
The other part of the complaint is about the social worker’s conduct and treatment of Ms B which she has already reported to Social Work England. This is the most suitable body to consider this complaint. The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.
Ms B has another complaint about wider issues in what happened which the Council is still considering. The injustice she claims in both cases overlaps, as does the remedy she would like. There is no reason for us to consider the matters separately because they are so closely linked. If Ms B remains unhappy with the result of the Council’s response to her other complaint, she may bring it back to the Ombudsman.
Final decision
We will not investigate Ms B’s complaint because there are other bodies better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman