Summary: We will not investigate Mrs X’s complaint about a social worker allocated to her granddaughter’s case. This is because there is no sign of fault in the Council’s decision not to consider her complaint because she does not have parental responsibility for her granddaughter.

The complaint

1. The complainant, Mrs X, complains about the social worker who is working with her granddaughter and her siblings. Mrs X says the social worker has rebuffed her granddaughter’s disclosure about abuse.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start 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))

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How I considered this complaint

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

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My assessment

6. Mrs X complained to the Council about the social worker who is working with her granddaughter and her siblings.
7. The Council told Mrs X it could not consider her complaint via its complaints procedure because she does not have parental responsibility for the children involved and they do not live with her. This meant it could not share any information about the children or the Council’s actions with her. It confirmed it considered the concerns Mrs X raised but it could not provide any further information to Mrs X.
8. We will not investigate Mrs X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider her complaint because she does not have parental responsibility for the children involved. We would also require the consent of a person with parental responsibility in order to be able to consider the substantive matter. The Council’s decision has been made in line with the relevant statutory guidance to local authority children’s services on the handling of complaints.

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Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman