Summary: We will not investigate this complaint about the conduct of Council Social Workers and reasonable adjustments. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate.

The complaint

1. Mr X complains on behalf of his wife, Mrs X, about the way in which Council Social Workers have dealt with child protection matters relating to their children. Mr X believes the Council has failed to make reasonable adjustments for Mrs X and their children.

Back to top

The Ombudsman’s role and powers

2. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. When we find fault, we can recommend remedies for significant personal injustice, or to prevent future injustice, caused by that fault. We look at organisational fault, not individual professional competence. Decisions about individual’s fitness to practise or work are for the organisations concerned, and for professional regulators, not the Ombudsman. (Local Government Act 1974, s26(1) and s26A(1) as amended)

Back to top

How I considered this complaint

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

Back to top

Final decision

7. We will not investigate Mr X’s complaint about the conduct of individual officers working for the Council because our role is to investigate the Council’s actions as a corporate body, rather than to investigate an individual. If Mr X has concerns about the professionalism or conduct of an individual social worker, he can report his concerns to their professional body, Social Work England.
8. We will not look at Mr X’s concerns about the Council’s failure to make reasonable adjustments for his wife and children because this complaint is premature. Mr X can bring this matter back to us if he remains dissatisfied after the Council has had the opportunity to consider and respond to his concerns.

Back to top

Investigator's decision on behalf of the Ombudsman