Summary: We will not investigate Miss X’s complaint about the Council’s decision not to consider her complaint about her neighbour’s social worker. This is because there is no sign of fault in the Council’s decision.

The complaint

1. The complainant, whom I shall call Miss X, complains her neighbour’s social worker failed to properly carry out her role and this has led to her family becoming homeless due to her neighbour’s actions.

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The Ombudsman’s role and powers

2. 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)
3. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• 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))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X complained to the Council about her neighbour’s social worker, as set out above.
7. The Council informed Miss X it could not consider her complaint as it relates to services provided to a third party, not directly connected to her, and it did not have consent from her neighbour for the complaint to be made or information to be shared with her.
8. There is no sign of fault in the Council’s decision not to consider the substantive complaint. The same restriction would also apply to this office. We could not investigate the Council’s actions without the consent of the person in receipt of services. Also, we could not achieve the outcomes Miss X seeks in complaining to this office, even if we had the relevant consent. This is because the outcomes Miss X seeks, which are for the social worker to be disciplined or to lose her job, lie outside our remit. We cannot recommend the Council takes disciplinary action against its officers.
9. Should Miss X wish to raise a concern or complaint about the social worker’s fitness to practice, this would be best considered by Social Work England which is the regulatory body for social workers in England.

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Final decision

10. We will not investigate this complaint because there is no sign of fault in the Council’s decision not to consider Miss X’s complaint.

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Investigator's decision on behalf of the Ombudsman