The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the conduct of a social worker. This is because another body is better placed to consider the matter and because we cannot achieve the outcome she seeks.
The complaint
Mrs X complains about the conduct of a social worker allocated to her family by the Council’s children’s services. Mrs X wants the social worker to be changed.
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.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mrs X’s complaint about the conduct of the social worker. There is another body better placed to consider her complaint, Social Work England (SWE). SWE is the regulator for social workers in England and has powers to launch investigations into the conduct of individual social workers.
It is for the Council to decide which of its officers to allocate to Mrs X’s children, and we will not intervene. Therefore, investigation would not achieve the outcome Mrs X wants.
It is not a good use of public resources to investigate complaints about complaint procedures if we are unable to deal with the substantive issue.
Final decision
We will not investigate Mrs X’s complaint because another body is better placed to consider the matter and because we cannot achieve the outcome she seeks.
Investigator's decision on behalf of the Ombudsman