London Borough of Hammersmith & Fulham (23 009 318)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 21 Sep 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s response to Miss X’s complaint about a Council social worker’s conduct. This is because we would be unlikely to provide Miss X with a different outcome.
The complaint
- Miss X complained about a social worker’s conduct when carrying out a child in need assessment.
- She said she has been caused distress and upset due to this matter.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complained to the Council after a social worker carried out a child in need assessment in relation a matter involving her child. Miss X said that after she became uncomfortable with the social worker’s conduct and withdrew her consent to engage with the assessment, the social worker threatened to hold a child protection meeting and involve the police.
- The Council investigated the complaint in line with the children’s statutory process and was unable to find evidence the social worker intentionally threatened Miss X. The Stage 3 panel acknowledged how the incident had made Miss X feel, apologised and made recommendations to address what had happened which included reminding the Council social work team to take care when explaining the consequences of withdrawing parental consent in similar situations.
- Miss X remains unhappy and wants the Council to specifically address the specific social worker involved. The Ombudsman will not reinvestigate a matter which has been suitably addressed by the Council’s investigation. The evidence shows the Council took Miss X’s complaint seriously and whilst unable to find evidence of fault on the social worker’s part, it apologised and made proportionate and well thought out recommendations designed to reduce the likelihood of this happening again in future. These were reasonable actions for the Council to take and in line with the Ombudsman’s approach.
Final decision
- We will not investigate Miss X’s complaint because we would be unlikely to provide her with a different outcome.
Investigator's decision on behalf of the Ombudsman