Summary: We will not investigate this complaint about the Council’s decision not to change Mr B’s allocated social worker based on his preference. The Council explained to Mr B why it cannot change his allocated social worker and there is not enough evidence of fault. An investigation by us would not lead to a different outcome.

The complaint

1. Mr B complains about the social worker the Council allocated to work with him and support him to move to an alternative supported living placement. He said the social worker does not understand his autism and does not communicate effectively with him. He would like the Council to allocate a different officer to work with him.

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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:
• there is not enough evidence of fault to justify investigating; 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’s response to his complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. When the Council responded to Mr B’s complaint it explained why it could not change his allocated social worker and accommodate his preference for a male officer. It also confirmed his current social worker was actively working to find him a new placement and how frequently the social worker would contact him based on a plan it has in place because of his communication needs.
6. We will not investigate this complaint. Mr B asked the Council to provide him with a male worker as this is his preference. The Council told Mr B it could not do this as it did not have an appropriate male officer available. It is for the Council to decide the most suitable social worker to work with Mr B and how to allocate the officers it has available. We could not compel the Council to appoint a male officer to work with Mr B. It has appropriately explained to Mr B how his social worker is working to find him a new placement and how they will keep him updated. There is insufficient evidence of fault to justify investigating this complaint and we cannot achieve the outcome Mr B wants.

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Final decision

7. We will not investigate Mr B’s complaint because there is not enough evidence of fault and we could not achieve the outcome he wants.

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Investigator's decision on behalf of the Ombudsman