The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of a social worker in relation to Miss B and her child. This is because there is another body better placed to consider this complaint. Also we cannot achieve the outcome Miss B wants.
The complaint
Miss B complained about the professionalism and conduct of the social worker currently allocated to her child who is in foster care. She says that the social worker has spoken about sensitive matters in front of her child and not adequately communicated with Miss B. This has led to a lack of support for her daughter. Miss B also says that the Council has refused to consider her complaint or offer a resolution. Miss B would like to a new social worker to be allocated to her child.
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: we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint, or (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
The first part of Miss B’s complaint is about the conduct of the allocated social worker. 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. This is the most suitable body to consider this complaint.
Miss B would like a new social worker because of the problems she has with the current one. This is not an outcome we could achieve even if we investigated because we cannot tell the Council where to allocate its resources. Miss B is currently involved in court proceedings regarding her child and can request the court to allocate a new social worker. This would remain the decision of the court.
The second part of her complaint is about the Council’s complaint handling. The Council has advised Miss B that it will not progress her complaint as there are on-going court proceedings. We will not normally investigate complaint handling as a standalone issue if we are not going to look at the issue which led to the original complaint. Any injustice from the Council’s complaint handling is not significant enough to deviate from this position.
Final decision
We will not investigate Miss B’s complaint because there is another body better placed to consider the complaint and we cannot achieve the outcome Miss B wants.
Investigator's decision on behalf of the Ombudsman