Summary: The Ombudsman will not investigate Miss X’s complaint about the conduct of a Council social worker. Social Work England is the most appropriate body to consider such complaints. We cannot recommend disciplinary action against Council employees so we cannot achieve the outcome Miss X wants to achieve. The Information Commissioner’s Office is the most appropriate organisation for considering complaints about access to information.

The complaint

1. Miss X complains about the conduct of a Council social worker which she says led to her arrest by the Police. She is also unhappy that the Council will not disclose information about its internal investigation into the social worker’s conduct. Miss X says this has had a detrimental impact on her mental health. She wants the Council to take disciplinary action against the social worker.

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The Ombudsman’s role and powers

2. 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:

• 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)

3. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

4. I have considered comments and information from Miss X including the Council’s response to her complaint. I gave Miss X an opportunity to comment on my draft decision and considered her comments before reaching a final decision.

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What I found

5. Miss X complains that her previous social worker led her to believe they were in a relationship and then reported her to the Police for unwanted behaviour, leading to her arrest. She wants the Council to disclose information about what the social worker said about her and for it to take disciplinary action against the social worker.
6. Social Work England is the specialist body set up by Parliament to regulate social workers. Its sets out rules and standards that social workers are expected to meet and decides whether they are fit to practice. Social Work England is the most appropriate body to consider Miss X’s complaint about the social worker’s conduct. Miss X confirmed that she has already registered a complaint with this body.
7. The Ombudsman has no power to make recommendations of disciplinary action against Council employees so we cannot achieve the outcome Miss X seeks.
8. In its response to Miss X’s complaint the Council said it had investigated her concerns through its internal procedures and concluded the social worker had no case to answer. It explained that it cannot disclose the investigation report because it is confidential. If Miss X is unhappy with this it is reasonable to expect her to complain to the Information Commissioner’s Office (ICO). The Ombudsman cannot compel the Council to share this information with her.

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Final decision

The Ombudsman will not investigate this complaint because Social Work England is the most appropriate body to consider complaints about the conduct of social workers, we cannot achieve the outcome Miss X is seeking and the ICO is better placed to consider complaints about freedom of information.

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Investigator's decision on behalf of the Ombudsman