Summary: We will not investigate Ms X’s complaint about its handling of her adult son’s (Y) accommodation move and the allocated Social Worker’s approach. The Council has investigated Ms X’s concerns and apologised for the distress and frustration caused. We could not add or achieve anything more by investigating nor achieve the outcome Ms X wants.

The complaint

1. Ms X complains about the conduct and approach of the Social Worker allocated to her adult son, Mr Y. Ms X alleges the Social Worker kept poor records and the Council has failed to properly investigate her concerns about their conduct. She believes Y was placed at risk by the Council’s action. She wants the Social Worker’s conduct properly investigated and action taken.

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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 or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. When we find fault, we can recommend remedies for significant personal injustice, or to prevent future injustice, caused by that fault. We look at organisational fault, not individual professional competence. Decisions about individual’s fitness to practise or work are for the organisations concerned, and for professional regulators, not the Ombudsman. (Local Government Act 1974, s26(1) and s26A(1) as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council has discussed Ms X’s concerns before providing a detailed response to her complaint. The Council has explained the limitations in its approach to some concerns Ms X raised relating to Mr Y’s safety due to him not agreeing to some proposed actions. The Council told Ms X it had a duty to respect Mr Y’s wishes as he had capacity to provide consent. The Council also explained why at times it declined to align or agree with Ms X’s proposed approach to situations such as when Mr Y had to leave a supported accommodation placement. The Council explained it would be unethical to provide inaccurate information to or withhold information from Mr Y. The Council apologised for the times when communication and interaction with Ms X about Mr Y’s care could have been better. It noted that since making her complaint, another Social Worker had been allocated to Mr Y. While the reallocation was not because of Ms X’s complaint, the Council hoped this action would help rebuild her relationship with the Council.
7. The Council’s response to Ms X’s concerns is detailed and thorough. While Ms X may not agree with the Council’s findings, there is unlikely to be anything more we could meaningfully add by investigating the matter further. Ms X’s complaint to us includes her concern at the Council’s lack of specific action to address the individual Social Worker’s conduct. It is up to the Council to decide how to deal with any internal disciplinary issues and this is not something we could interfere with as we cannot investigate personnel issues. If Ms X continues to have concerns about the professionalism or conduct of an individual social worker, she can report these to their professional body, Social Work England.

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Final decision

8. We will not investigate Ms X’s complaint because further investigation could not achieve anything more or provide the outcome the complainant is seeking.

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Investigator's decision on behalf of the Ombudsman