Summary: The Ombudsman will not investigate Mr X’s complaint about his previous social worker. This is because it is unlikely we would add to the response already provided by the Council’s investigation. Also, we cannot achieve the outcome Mr X seeks as we cannot recommend disciplinary action of officers.

The complaint

1. The complainant, who I refer to as Mr X, complains about the actions of his previous social worker.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered the information Mr X provided. I also considered the complaint correspondence which I requested from the Council. I sent Mr X a copy of my draft decision and invited his comments on it.

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What I found

5. Mr X complained to the Council about his then social worker. He complained the social worker was dogmatic and did not treat him in an acceptable way. Mr X asked the Council to investigate and allocate him a new social worker.
6. The Council interviewed Mr X but he was unable to give specific details or instances where he felt the social worker had showed a poor attitude towards him. The Council checked records and spoke to other professionals who were working with Mr X. The feedback from those professionals, on the social worker’s actions, was positive. It found no evidence to support Mr X’s view. However, it accepted Mr X’s wish not to continue to work with the social worker and agreed to allocate him a new social worker.
7. In his complaint to the Ombudsman, Mr X says he would like the social worker to be disciplined. This is not an outcome we could achieve even if we were to investigate and find fault. This is because disciplinary and personnel issues lie outside our remit.

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Final decision

8. We will not investigate this complaint. This is because it is unlikely we would add to the response already provided by the Council’s investigation. Also, we cannot achieve the outcome Mr X seeks.

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Investigator's decision on behalf of the Ombudsman