Summary: We will not investigate this complaint about the Council’s contact with X. Social Work England is another body that is better placed to look at their concerns.

The complaint

1. X complains a social worker spoke about them in a derogatory manner to a third party and described them to other professionals as being unreliable. X wants the matter to be investigated and to be provided compensation.

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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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.
4. 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

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

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My assessment

6. X complained to the Council about their contact with a social worker. The Council investigated their concerns and did not uphold their complaint.
7. I will not investigate X’s complaint. This is because the matters they complain about relate to a social worker’s professional conduct. Social Work England is better suited to consider X’s concerns in these circumstances.

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Final decision

8. We will not investigate X’s complaint because Social Work England is a body better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman