Summary: We will not investigate Mr X’s complaint about the actions of a social worker. This is because part of Mr X’s complaint is late and there are no good reasons why they could not have been made to us sooner. Of the matters remaining there is not enough evidence of fault by the Council to justify us investigating.

The complaint

1. Mr X complained about the actions of a social worker involved in supporting his child. He argued the Council’s actions caused him stress and wanted the issues to be investigated under the Children’s Statutory Complaints Procedure.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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, (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered the information provided by Mr X and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X made a complaint about the actions of the social worker supporting his child, in 2023. He subsequently said the Council did not properly investigate this complaint at the time. This is an issue Mr X has been aware of for more than 12 months since he complained to us. There are no good reasons why he could not have raised them with us earlier and therefore, I will not exercise discretion to consider these matters now.
6. Mr X complained the written correspondence he received from the Social Worker was of poor quality. He complained about the length of time taken to contact him. In its complaint response the Council explained its reasons. Given it’s reply, I will not investigate this part of Mr X’s complaint as there is not enough evidence of fault in the actions of the Council.
7. Mr X said the Council should have investigated his complaint using the Children’s Statutory Complaints Procedure. However, it is unlikely we would find fault the Council replied to his complaint using its Corporate Complaints Procedure.

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Final decision

8. We will not investigate Mr X’s complaint because part of his complaint is late and there are no good reasons why it could not have been made sooner. Additionally of the parts remaining there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman