Summary: We will not investigate Miss X’s complaint about the Council’s investigation into comments from her daughter’s social worker. The Council has appropriately investigated and responded to Miss X’s concerns. Further investigation would not lead to a different outcome, and we cannot achieve what Miss X wants.

The complaint

1. Miss X is unhappy with the Council’s investigation into her complaint about comments made by a social worker whilst working with her daughter in 2018.

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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:

• further investigation would not lead to a different outcome, 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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X’s daughter Y received support from the Council in 2018 until her death in 2019. Following Y’s death a coroner’s hearing was held and the Council undertook a Safeguarding Adults Review. During the review comments from Y’s social worker, made in 2018, came to Miss X’s attention. Miss X complained to the Council about the social worker’s comments.
6. The Council investigated Miss X’s concerns, but said it was unable to reach a conclusion as case notes recorded differing accounts of the conversation referred to. It said it could not interview the social worker as they no longer worked for the Council and it did not believe other staff could add to the case notes after such a length of time.
7. Miss X remained unhappy. She said the Council should have interviewed its staff. She said she wanted a meeting with the social worker to discuss her complaint.
8. We will not investigate this complaint as further investigation would not lead to a different outcome and we cannot achieve what Miss X wants. The Council has responded to the points in Miss X’s complaint. It has explained the social worker is no longer employed by the Council and its reasons for not interviewing other staff. Further investigation by us would not lead to a different outcome.
9. Miss X also wants a meeting with the social worker. This is not something the Ombudsman can achieve.

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Final decision

10. We will not investigate Miss X’s complaint because further investigation would not lead to a different outcome, and we cannot achieve what Miss X wants.

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Investigator's decision on behalf of the Ombudsman