Summary: We will not investigate Mr X’s complaint about the Council’s decision to investigate a safeguarding concern including a social worker’s conduct. This is because there is not enough evidence of fault by the Council and an investigation by us would not lead to a different outcome.

The complaint

1. Mr X complained the Council wrongly started a safeguarding investigation after receiving a referral about a concern. He also complained a social worker involved, acted unprofessionally. He said this caused him distress. He wants compensation and for the social worker to be reprimanded.

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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 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, or
• we could not add to any previous investigation by the organisation.
  (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. The Council received a safeguarding referral about Mr X. A social worker visited Mr X’s home to explore the safeguarding concerns and complete an assessment. As a result of the investigation, the Council found there were no safeguarding concerns and closed the case.
6. Mr X complained the Council should not have taken the safeguarding referral seriously because it was based on an untrue allegation.
7. Mr X also complained the social worker was unprofessional during the home visits and made comments which caused distress.
8. We will not investigate Mr X’s complaint about the Council’s decision to begin a safeguarding investigation after it received a referral. There is no evidence of fault by the Council for its decision. The Council had a legal duty to make enquiries after receiving the referral.
9. Nor will we investigate Mr X’s complaint the social worker was unprofessional during their home visits and made comments they should not have. The Council has already considered this complaint and explained why the social worker acted as they did. It has apologised to Mr X for any offence caused by the social worker's comments. An investigation by us into this matter would not lead to a different outcome.

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Final decision

10. We will not investigate Mr X’s complaint because there is no evidence of fault and further investigation by us would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman