Summary: We will not investigate Mr X’s complaint about social workers discriminating against him because of his gender. This is because an investigation would not lead to any different outcomes or findings. In addition, we cannot achieve the outcome Mr X wants.

The complaint

1. Mr X complains about a social worker slandering him and putting false information on his records. PA wants the social worker to be fired and for his records to be deleted. He also complains other social workers have discriminated against him because of his gender.

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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 an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• investigation would not lead to different finding or outcomes, 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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We have previously considered Mr X’s complains about a social worker slandering him and putting false information on his records. We have decided not to investigate as we considered Social Work England and the Information Commissioner’s Office were more appropriate bodies to consider his complaints.
6. We will not reconsider this complaint. Therefore, these complaints are invalid.
7. Mr X complained to the Council that its officers were discriminating against him because of his gender. The Council investigated Mr X’s complaints, including speaking with him to understand his concerns, but found no evidence to support Mr X’s view there had been discrimination by any of the officers.
8. The Council has thoroughly considered Mr X’s complaints and noted the lack of evidence to support Mr X’s concerns. Therefore, we are not likely to reach any different findings and so an investigation is not proportionate.
9. In addition, we cannot achieve the outcome Mr X wants. Mr X wants the officers to face disciplinary action. However, this is not something the Ombudsman can recommend as it is an internal matter for the Council as the employer.

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Final decision

10. We will not investigate Mr X’s complaint because an investigation would not lead to any different outcomes or findings. In addition, we cannot achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman