Summary: We will not investigate Ms X’s complaint about an officer’s conduct during an adult social care review. It is unlikely an investigation would achieve anything more and we could not achieve what she wants.

The complaint

1. Ms X complains about the conduct of a council officer during an adult social care review. She also complains about poor complaints handling. She says she felt bullied and the matter has caused distress. She wants compensation for the distress caused and her care provision to be reviewed by an independent social worker.

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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 or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

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

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My assessment

5. In its complaint response, the Council upheld her complaint that the officer’s conduct was below its expected standard. It apologised to her for this. It said it was providing the officer with further training and would act to ensure their continued learning and development. It offered her a fresh review with a different officer. It also accepted there had been some delay escalating her complaint and explained the reasons for this. The Council has since reviewed Ms X’s care and support.
6. We will not investigate this complaint. The Council has upheld her complaint about the officer’s conduct. It apologised and offered her a fresh review with a different officer. This is a suitable remedy for any injustice caused. It is unlikely an investigation by us would achieve anything more.
7. It is for the Council to decide how to conduct reviews of its adult social care provision and we could not require it to commission an independent social worker for Ms X. We could not achieve what she wants.
8. We will also not investigate the handling of this complaint. It is not a good use of our resources to investigate complaints handling, where we decide not to investigate the substantive matter.

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Final decision

9. We will not investigate Ms X’s complaint because an investigation is unlikely to lead to a different outcome and we could not achieve what she wants.

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Investigator's decision on behalf of the Ombudsman