Summary: We will not investigate this complaint about the conduct of a social worker and adoption assessment. This is because further investigation would not lead to a different outcome.

The complaint

1. Mrs X complained about a social worker’s conduct when completing an adoption assessment. She complained about the outcome of the assessment. She said her and her husband have suffered with their mental health since. She wants the Council to have a different social worker complete a new assessment.

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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

(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. Mrs X complained to the Council about a social worker and disputed information included in an assessment. The Council investigated Mrs X’s complaint through its two stage complaints process and also completed a complaint review.
6. In its response it concluded it could not come to an agreement with Mrs X on the recollection of some of the information shared in the assessment. It said it would add the complaints response to Mrs X’s records to show she disputed elements of its contents.
7. The Council identified areas for improvement in its adoption assessment process and now includes a question about health in its initial visit template. It also said it would share agendas before child voice sessions.
8. The Council said Mrs X could apply to court for an adoption order and it would request the Council to complete a further assessment. The Council said it would assign a different social worker to complete this. It said it would keep Mrs X’s case open for six months should she want to make the application.
9. We will not investigate this complaint for the following reasons:
• The Council completed a review of its complaint investigation and identified service improvements. It said it would add the complaint response to the case records to show Mrs X did not agree with elements of the assessment. Therefore, we could not add to any previous investigation by the Council.
• The Council clearly explained to Mrs X the next steps she could take if she wanted a different social worker to complete an assessment. Further investigation would not lead to a different outcome.
• 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.

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Final decision

10. We will not investigate Mrs X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman