Summary: We will not investigate this complaint about the conduct of a social worker, and the Council’s refusal to consider a complaint about that conduct. This is because the complaint is not separable from matters which have been considered in court.

The complaint

1. The complainant, Mrs X, complains that the Council’s social worker was at fault in her conduct towards her and her daughter, and that the Council has unreasonably refused to consider her complaint about the social worker’s actions.

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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)

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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. Mrs X says her children were the subject of care proceedings, at the conclusion of which the Court granted care orders. Mrs X says that she, and the other parties to the proceedings, supported with the outcome.
6. Mrs X says that, as part of the proceedings, she was the subject of a parenting assessment. She says the outcome of the assessment was favourable but that the conduct of the Council’s social worker was such that she complained to the Council.
7. Specifically, Mrs X complains that the social worker failed to listen to her daughter, causing her distress. She also feels the social worker did not give proper weight to her own views. She further complains the social worker breached her confidentiality, passing personal to a third party.
8. The Council has declined to consider Mrs X’s complaint. It says she could have brought her concerns to the Court’s attention in the proceedings. Mrs X says she could not have done so, as the Court was only considering matters concerning the care of the children.
9. The Ombudsman will not investigate Mrs X’s complaint. Although the matters about which she complains are not the same as those before the Court, they are not separable. This is because the social worker’s involvement with Mrs X and her daughter was because of, and in the context of, those proceedings. The Ombudsman could not investigate the social worker’s conduct without considering the reason for their involvement with the family which, by law, we cannot do.
10. If Mrs X wishes to pursue the breach of her confidentiality, she may wish to bring her concerns to the attention of the Information Commissioner’s Office. This is the appropriate body to consider such matters, and is better placed than the Ombudsman to do so.

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Final decision

11. We will not investigate Mrs X’s complaint because the matters about which she complains are not separable from those considered in court.

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Investigator's decision on behalf of the Ombudsman