The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council refusing to change a case worker. There is not enough evidence of fault by the Council to warrant our involvement.
The complaint
Miss X said the Council wrongly refused to change a case worker who was not responding to her communications as she wished.
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 not enough evidence of fault to justify investigating.(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X’s correspondence with the Council shows the issue lying behind the complaint is the completion of an assessment of her child’s needs, which is a matter of Council performance, rather than that of one officer. She would be welcome to complain to us of any delay provided she first gives the Council an opportunity to consider that complaint.
However, the complaint Miss X has made is about the Council’s refusal to change an officer dealing with her child’s case. The Council is under no obligation to change the officer.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council in refusing to change the officer to warrant our further involvement.
Investigator's decision on behalf of the Ombudsman