Oldham Metropolitan Borough Council (23 013 136)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 18 Apr 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about alleged poor conduct displayed by a social worker. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
- Miss X complained the Council has assigned a social worker to work with her and her family who has displayed unprofessional conduct and bias.
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:
- there is not enough evidence of fault to justify investigating.
(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 about the social worker assigned to work with her and children. She raised several concerns including that the social worker was biased towards her and acted unprofessionally. She asked for the social worker to be replaced.
- The Council investigated Miss X’s complaint and did not uphold her complaint. The Council found no evidence of the social worker acting unprofessionally and noted that their actions were in line with the children’s best interests. The Council therefore would not agree to change the social worker.
- Miss X remains unhappy with the Council’s response and wants us to find it at fault. There is no evidence the social worker has displayed poor conduct or acted out of line with what we would expect. The social worker’s role is to prioritise the safety and wellbeing of the children and the evidence indicates they have done this. An investigation would therefore be unlikely to result in a finding of fault on the Council’s part.
Final decision
- We will not investigate Miss X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman