Summary: We will not investigate this complaint about the conduct of a social worker and the adequacy of the resulting complaints process. Social Work England is better placed to consider social worker professional standards matters, and we could not add to the Council’s previous findings on the substantive issues.

The complaint

1. Mrs Z complained a social worker was untruthful about a sequence of events that resulted in her suspension from work as a foster carer.
2. Mrs Z said the Council gave greater credence to the views of the social worker than those of others when it considered her complaint.
3. Mrs Z said this meant the Council’s handling of the statutory children’s complaints process was flawed.
4. Mrs Z wants her complaint to be reinvestigated, and for a serious case review to convene.

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The Ombudsman’s role and powers

5. 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
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

6. I considered information provided by Mrs Z and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Social workers visited Mrs Z’s home after receiving safeguarding information.
9. A social worker recorded that Mrs Z had rejected a proposed safety plan the Council wanted to put in place. Mrs Z disputed that she had rejected the safety plan and complained to the Council.
10. Mrs Z said the disputed information was given greater importance when the Council considered her complaint.
11. 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.
12. The Council considered Mrs Z’s complaint through all three stages of the Children Act complaint procedure. I have reviewed the stage two complaint report. The investigating officer referenced key documents, interviewed relevant staff and addressed Mrs Z’s desired outcomes.
13. The report references the views of another social worker who disagreed with their colleague about what was discussed during the home visit.
14. The independent person, who’s role was to oversee the complaint investigation was carried out thoroughly and transparently, agreed with the findings the investigating officer made.
15. Mrs Z requested escalation to stage three. The independent review panel considered Mrs Z’s written submissions and changed the outcomes of three of the registered points of complaint in her favour. The stage three panel did not recommend that Mrs Z’s complaint be reinvestigated.
16. We will not investigate this part of Mrs Z’s complaint. If a complaint has already been through the three-stage Children Act complaints procedure, this means the complainant has already had access to an independent investigation. Consequently, the Ombudsman will not normally re-investigate such a complaint unless we have reason to believe the previous investigation was flawed.
17. Having considered the documents from Mrs Z’s complaint it is unlikely I would be able to add anything significant to what the Council has already said.

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Final decision

18. We will not investigate Mrs Z’s complaint because Social Work England is better placed to consider professional standards matters, and we could not add to the Council’s previous findings on the substantive issues.

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Investigator's decision on behalf of the Ombudsman