Summary: We will not investigate this complaint about the behaviour of a social worker. This is because the events happened too long ago.

The complaint

1. The complainant, who I will call Ms C, complains about the conduct of a social worker involved in her family. Ms C complains their appearance and behaviour. Ms C also complains about the Council’s children’s services involvement with her children in 2019.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended).
4. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended).

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How I considered this complaint

5. I considered Ms C’s complaint and the Council’s response.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In November 2019, Ms C complained to the Council about a social worker involved in her family. Ms C complains about the social workers behaviour and appearance. The social workers manager told Ms C that they would investigate the concerns but could not share the outcome with Ms C as this would be confidential.
8. I will not investigate Ms C’s complaint. This is because the events happened too long ago, and I see no reason why she could not have complained sooner. Ms C could have complained about the Council’s children’s services involvement with her family in 2019.
9. Even if Ms C had complained to us sooner about the issues she raised with the Council in November 2019, the restrictions highlighted in paragraph 3 mean I could not have investigated them anyway. This is because the Ombudsman cannot consider disciplinary or personnel matters.

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Final decision

10. We will not investigate Ms C’s complaint because the events happened too long ago.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman