Derbyshire County Council (23 018 133)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 22 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint that a social worker was at fault in how she spoke to the complainant. This is because we could not add anything significant to the investigation the Council has carried out.
The complaint
- The complainant, who I will refer to as Mr X, complains that the Council’s social worker was at fault in how she spoke to him during a visit to his home.
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complains that, during a visit to his home, the Council’s social worker made comments which he regards as unreasonable. He subsequently complained to the Council.
- Mr X ‘s complaint has completed the Council’s corporate complaints procedure. The Council has found that the versions of events given by Mr X and the social worker differ, and it has found it impossible to make a finding on the key allegations. It has however apologised that Mr X needed to make a complaint and has offered a meeting with the team manager.
- The Ombudsman will not investigate Mr X’s complaint because there is no prospect that we could add anything significant to the investigation the Council has already carried out. We could not make safe and robust findings about precisely what was said during the visit. In the circumstances, the Council’s response is reasonable, and we would be unable to add to it. Investigation is not therefore warranted.
Final decision
- We will not investigate Mr X’s complaint because we could not add anything significant to the investigation the Council has already carried out.
Investigator's decision on behalf of the Ombudsman