Summary: Ms X complained about the behaviour, attitude and conduct of a Council officer when her friend raised child protection concerns on her behalf, about Ms X’s grandchild. We should not investigate this complaint. This is because it is unlikely we would find fault causing a significant injustice to Ms X, and it is unlikely further investigation would lead to a different outcome.

The complaint

1. Ms X complained about the Council’s response when her friend raised child protection concerns on her behalf, relating to her grandchild. Her friend is an independent social worker by profession, and the Council wrongly recorded her concerns as being raised in this capacity rather than as a friend. Ms X felt the officer belittled her concerns, and was threatening towards the friend by saying she could get in trouble for making the report.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely further investigation will lead to a different outcome.

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

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How I considered this complaint

3. I considered the information Ms X provided when she complained.
4. I considered information the Council provided, which included complaints correspondence.
5. I gave Ms X the opportunity to comment on a draft version of my decision.

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What I found

6. Ms X’s friend raised concerns on her behalf, relating to Ms X’s grandchild. The Council spoke to the child’s mother, made enquiries and decided it would not take further action. Ms X complained as she was unhappy the Council had told the mother about the referral, and it had said her friend could be in trouble as she raised the concerns in her capacity as an independent social worker. Ms X said this was not the case, and she raised concerns in her capacity as Ms X’s friend.
7. The Council told Ms X it understood how part of the officer’s communication could have been perceived as threatening, as they had referred to an organisation that oversees the conduct of social workers. It also said the officer had shared information about himself, which was not necessary. It addressed these issues with the officer. The Council has also since clarified on its records, and to the child’s mother, that the friend did not raise concerns in their professional capacity. It is unlikely that further investigation by the Ombudsman would lead to a different outcome for these parts of Ms X’s complaint.
8. Other elements of Ms X’s complaint relate to allegations that we could not substantiate, and where we are unlikely to find fault in the Council’s actions which has caused a significant injustice. Ms X complained about the officer’s attitude on a telephone call, as she felt they had belittled her concerns. The Council does not keep recordings of telephone calls and we could not comment on the officer’s communication. We would usually expect parents to be told about concerns raised in relation to their children. The Council made enquiries about the issue, which does not suggest the officer did not take Ms X’s concerns seriously. The Council then came to a decision about what action to take.
9. It is therefore unlikely we would find the Council at fault in these areas, and so we could not say Ms X’s emotional distress is due to fault by the Council. The information I have seen does not lead me to believe the child is at risk of not being adequately safeguarded, so I also do not believe the child has been caused a significant injustice. Due to all the above reasons, we should not investigate this complaint.

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Final decision

10. The Ombudsman should not investigate this complaint. This is because it is unlikely we would find fault causing a significant injustice, and further investigation is unlikely to lead to a different outcome for those parts of the complaint the Council upheld.

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Investigator's decision on behalf of the Ombudsman