Summary: We will not investigate this complaint about comments a social worker made to the complainant. This is because the Council has provided a proportionate response.

The complaint

1. The complainant, whom I refer to as Mrs X, is unhappy with the Council’s response after she complained about the way a social worker spoke to her. Mrs X wants a personal apology from 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 an investigation if the Council has provided a fair and proportionate response. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s response. I invited Mrs X to comment on a draft of this decision.

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What I found

What happened

4. Mrs X’s late husband was admitted to hospital. The hospital made a referral to the social care team because Mr X no longer needed acute hospital care.
5. A social worker (Mr A) rang Mrs X. Mrs X states Mr A said that Mr X was not ill enough to stay in hospital and was well enough to go home. Mrs X replied that her husband was far too ill to come home. Mrs X says Mr A then asked her why she did not want Mr X to come home. Mrs X complained to the Council because she found this comment deeply upsetting.
6. In response, the Council explained that it was the hospital who had decided that Mr X did not need to stay in hospital and had made a referral to the social care team. It said Mr A called Mrs X as part of the discharge planning and to assess Mrs X’s needs as a carer. The Council said it had spoken to Mr A and he had not meant to cause distress and offered sincere apologies. The Council upheld the complaint and said Mr A had not communicated effectively and should have shown more sensitivity. The Council said this has been raised with Mr A as a training need and will be discussed during meetings between Mr A and his supervisor.
7. Mrs X is dissatisfied with the response and wants a personal apology from Mr A.

Assessment

8. Mrs X found Mr A’s comments very upsetting at what was already a stressful time. However, I will not start an investigation because the Council has provided a fair and proportionate response. It has explained the background to Mr A’s comments, passed on his sincere apologies, upheld the complaint and explained that training will be provided. I appreciate Mrs X would like a personal apology but we ask councils, rather than individual officers to apologise and, on that basis, the Council has provided a fair response. There is nothing more we would ask the Council to do.

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Final decision

9. I will not start an investigation because the Council has provided a fair response to the complaint.

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Investigator's decision on behalf of the Ombudsman