Leicestershire County Council (23 013 862)

Category : Children's care services > Adoption

Decision : Closed after initial enquiries

Decision date : 19 Jan 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about a Council social worker’s alleged misconduct. This is because an investigation would be unlikely to result in a worthwhile outcome.

The complaint

  1. Mrs X complained about the actions of a Council social worker who was previously associated with her and her family.

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The Ombudsman’s role and powers

  1. 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 no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by Mrs X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mrs X complained to the Council that a former social worker who had previously worked with her and her family had been behaving in an inappropriate manner during encounters in the area they both live.
  2. The Council did not investigate as the complaint concerned the social worker’s private life as well as their actions outside of a professional capacity. Mrs X was unhappy with this and referred the complaint to us.
  3. The Ombudsman cannot investigate the actions of a social worker which have taken place in their private life as we do not have the jurisdiction to this this. The evidence seen so far indicates this is a private matter and not one the Ombudsman would be likely to assist Mrs X with in any meaningful way.

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Final decision

  1. We will not investigate Mrs X’s complaint because an investigation would be unlikely to result in a worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman

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