Summary: We will not investigate this complaint about comments made by the Council’s social worker in a statement. Ms X also complains the social worker failed to complete an appropriate care assessment for her daughter, which resulted in her daughter’s care and support hours being reduced. This is because there is insufficient evidence of fault. In addition, we have previously considered Ms X’s complaints and we will not revisit the matter.

The complaint

1. Ms X complains about comments made by the Council’s social worker in a statement. She also complains the social worker failed to complete an appropriate care assessment for her daughter which resulted in her daughter’s care and support hours being reduced.

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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 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating.

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

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. We previously investigated a complaint by Ms X about the Council’s decision to reduce her daughter’s care and support hours from 16 hours to three. We found no fault with the Council for its decision.
7. Some of Ms X’s complaints relate to how the social worker completed her daughter’s care assessment and the decision to reduce her care hours. As we have previously investigated and considered this complaint, we will not revisit or reconsider the issues.
8. Ms X’s other complaints are about comments made by the social worker in a statement. An investigation is not justified as we are not likely to find any fault. This is because the comments complained about are the social worker’s professional views. Further, given we had previously found no fault with the way the care assessment was completed, it would be the case the social worker was entitled to express their professional views. I acknowledge Ms X disagrees with the comments. However, we could not criticise or find fault the social worker’s professional view just because Ms X disagrees.

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Final decision

9. We will not investigate Ms X’s complaint because there is insufficient evidence of fault. In addition, we have previously considered Ms X’s complaints and we will not revisit the matter.

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Investigator's decision on behalf of the Ombudsman