Summary: We will not investigate this complaint about the conduct of a Council social worker who is allocated to Miss X’s grandchildren. This is because we could not add anything further to the Council’s investigation. Other complaints by Miss X relate to court proceedings and the law prevents us from investigating these matters.

The complaint

1. Miss X complained about the social worker allocated to her grandchildren. Her main complaints relate to her unhappiness with the social worker’s communication, their level of questioning and that they had submitted a statement to court which Miss X said is far-fetched.
2. Miss X said that before complaining to the Council, she had raised concerns with the social worker’s team manager, but said no action was taken by them.
3. Miss X said this has caused extreme upset to the family including her, her daughter and her grandchildren.

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The Ombudsman’s role and powers

4. 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, or

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

5. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

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

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My assessment

8. Miss X’s family are involved with children’s services because her grandchildren are subject to a supervision order. She raised her complaints towards the end of the order, because she was unhappy with the social worker’s conduct towards her family.
9. In responding to her complaint, the Council appointed a second social worker to the case, to co-work with the social worker. It also said it would hold a reflective supervision session with the social worker, as well as taking other learning from the complaint. It finally offered a symbolic payment to the family, acknowledging the distress and uncertainty they had faced.
10. The Ombudsman provides a free service but must use public money carefully. In this case, we will not launch an investigation, as we would not be able to add anything further to the Council’s investigation.
11. The law prevents us from investigating matters related to court proceedings and therefore we cannot investigate Miss X’s complaints which relate to court statements produced by the social worker.
12. Finally, Social Work England (SWE) are the regulator for social workers in England and have powers to investigate social workers’ fitness to practice. Miss X should raise concerns with SWE if she has concerns about the social worker, or the team manager’s conduct.

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Final decision

13. We will not investigate Miss X’s complaint because we would not be able to add anything meaningful to the Council’s investigation and because we cannot investigate matters related to court proceedings.

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Investigator's decision on behalf of the Ombudsman