The Ombudsman's final decision
Summary: We will not investigate Ms C’s complaint about the way she has been treated by the Council. This is because there is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation. We could not provide Ms C with the outcome she wants.
The complaint
Ms C complained council staff were disrespectful and unpleasant towards her. Ms C says the Council has refused to allocate her a social worker and place her with the Adult’s Learning Disability Team. Ms C wants the Council to reallocate her case, so she does not have to use the Duty Team and wants the Council to allocate her a named social worker.
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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), 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 explained all tasks relating to Ms C have been completed and she does not need an allocated social worker. The Council says Ms C has made false allegations against staff, discriminatory comments which it will not tolerate, has contacted it on numerous occasions and sent abusive emails. Because of this it has decided future work will be carried out by the duty social worker.
We cannot tell the Council Ms C should be allowed to contact the Adults Learning Disability Team or allocate her a named social worker. The Council has explained why Ms C now has to contact the duty team and we could not say there is enough evidence of fault with the actions taken by the Council to warrant us investigating
Final decision
We will not investigate Ms C’s complaint because there is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.
Investigator's decision on behalf of the Ombudsman