Summary: We will not investigate this complaint that a social worker, who is a relative of the complainant, intervened in the contact the complainant can have with his children. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, says a relative had inappropriate involvement as a social worker in a case involving his children.

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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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s response. I got some information from the Council which I cannot share with Mr X due to data protection rules. I invited Mr X to comment on a draft of this decision.

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What I found

What happened

4. Mr X is separated from his partner. His children live with their mother (Ms A). The Council became involved with the family after the police told Ms A that her new partner has a police history.
5. Ms A’s mother (Mrs B) is a social worker. Mr X says Mrs B said she was not allowed to get involved but that if Mr X returned the children to Ms A then she, Mrs B, would ensure that everything was sorted out through mediation. Mr X says he followed her advice and has not seen the children since October. He says Mrs B has taken advantage of her position to manipulate the situation. He says his children are at risk.
6. In response to his complaint the Council said Mrs B had been acting in a personal capacity not linked to her employment. It said it was a private matter.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Council. Due to data protection, I cannot share much information with Mr X. However, I have read the social work records and Mrs B was not involved in the case and does not work in the children’s team. The Council says she had no professional involvement and this is supported by the records. The records do say there were family meetings, involving extended family members, regarding the contact arrangements. The notes also say that Mr X was advised to get legal advice about contact with his children and that he may wish to consider taking court action.
8. It is unfortunate that Mr X has not had recent contact with his children but that is not due to any decision made by the Council. Mr X would need to direct his concerns about contact to Ms A or consider involving the courts. And, as Ms A has moved, he would need to contact the new council area if he thinks his children are at risk.

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Final decision

9. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman