Summary: We will not investigate this complaint about the actions of a social worker. This is because we could not add to any previous investigation by the organisation and Social Work England are better placed to consider this complaint.

The complaint

1. Mr X complained about the actions of a social worker who believed had acted fraudulently. He said this had caused him emotional distress. He would like the social worker to be dismissed and a public apology.

Back to top

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:

• we could not add to any previous investigation by the organisation, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. The first stage of the procedure is local resolution.
6. If a complainant is not happy with a council’s stage one response, they can ask that it is considered at stage two. At this stage of the procedure, councils appoint an investigating officer (IO) to look into the complaint and an independent person (IP) who is responsible for overseeing the investigation and ensuring its independence.
7. Following the investigation, a senior manager (the adjudicating officer) at the council should carry out an adjudication. They decide what the council’s response to the complaint will be, including what action it will take. The adjudicating officer should then write to the complainant with a copy of the investigation report, any report from the independent person and the adjudication response.
8. If a complainant is unhappy with the outcome of the stage two investigation, they can ask for a stage three review by an independent panel.
9. The statutory children’s complaints procedure was set up to provide children, young people and those involved in their welfare with access to an independent, thorough and prompt response to their concerns. Because of this, if a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it. We will not do so in this case.
10. I have considered the documents from Mr X’s complaint and I note that each part of the complaint was considered and addressed by the Council. The investigator at stage 2 made references to case records and relevant guidance. Parts of the complaint were upheld, and therefore require no additional scrutiny. On the points of the complaint that were not upheld, the findings do not appear obviously unreasonable given the evidence summarised within the report.
11. Because of this, it is unlikely that I would be able to add anything significant to what the Council has already said. If I were to reinvestigate the complaint, it is unlikely that this would lead to a substantially different outcome for Mr X.
12. The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.

Back to top

Final decision

13. We will not investigate Mr X’s complaint because we could not add to any previous investigation by the organisation and Social Work England are better placed to consider this complaint.

Back to top

Investigator's decision on behalf of the Ombudsman