Summary: We will not investigate this complaint about the conduct of a social worker. That is because the complaint is late.

The complaint

1. Mrs X and Miss Y complained about the conduct of a Council social worker. They said that during a telephone call with them both the Social Worker was rude, abrasive and shouted over them. Miss Y said the Social Worker wrongly thought she was speaking to her sibling despite Miss Y identifying herself during the call; she said this inaccuracy was also in the case records.
2. Mrs X and Miss Y state the Council has failed to investigate their concerns about the Social Worker’s conduct properly. They want an apology, for the Council to investigate the Social Worker’s wider conduct and for the Council to rectify the case records.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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:

• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We will not investigate Mrs X’s and Miss Y’s complaint about the Council. The events they complain about took place in October 2023. They complained to the Ombudsman in December 2024. We expect a person to complain to us within 12 months of being aware of a matter, therefore, the complaint is late, and there is no good reason to exercise discretion to consider it now.
9. However, even if the complaint was not late, we would not investigate. Firstly, the Council provided a response to Mrs X’s concerns in April 2024. It stated it had spoken to the Social Worker about their communication with customers. Although the Council has not upheld the complaint the Social Worker shouted, I am satisfied it has taken sufficient steps to address the concerns raised. There is nothing worthwhile to be achieved though further investigation.
10. Mrs X and Miss Y want the Council to investigate the Social Worker’s wider conduct. If they have concerns about the Social Worker’s fitness to practice, then it is appropriate for them to raise these with Social Work England.
11. Mrs X and Miss Y state the Council’s records of the call are wrong. They have also identified other inaccuracies in the case records. If they have any complaint about how the Council has dealt with their request to rectification, they would need to make this to the Information Commissioner’s Office.

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Final decision

12. We will not investigate Mrs X’s and Miss Y’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman