Summary: We will not investigate Miss X’s complaint. This is because an investigation by this office could not add to the Council’s complaint response which explains the ongoing care proceedings need to conclude before it can consider her complaint.

The complaint

1. The complainant, whom I shall call Miss X, complains the social worker allocated to her case is discriminating against her due to her mental illness and that this is causing her severe stress and making her feel unwell.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X complained to the Council about the social worker allocated to her case which is subject to ongoing care proceedings. Miss X said the social worker is discriminating against her due to her mental illness.
7. The Council told Miss X it is unable to consider her complaint whilst the care proceedings are ongoing. This is to prevent it from prejudicing the proceedings. It told Miss X she can resubmit her complaint once the care proceedings have concluded.

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Final decision

8. We will not investigate Miss X’s complaint. This is because there is nothing further we could add to the Council’s response to Miss X explaining why it cannot consider the complaint until the care proceedings have concluded. There is no sign of fault in the Council’s approach. This is to ensure the ongoing care proceedings, which must take precedence, are not prejudiced by any complaint investigation.
9. If Miss X complains to the Council following the care proceedings and remains dissatisfied with its final response to her complaint then we can assess it to see if it is a matter we can investigate. However, the law prevents us from investigating complaints about matters that are being, or have been, considered in court proceedings. We have no discretion to do so.

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Investigator's decision on behalf of the Ombudsman