Summary: We will not investigate this complaint about the Council’s decision not to accept a complaint about the actions of a social worker. There is insufficient evidence of fault on the Council’s part to warrant our intervention.

The complaint

1. The complainant, Miss X, complains that the Council’s social worker acted inappropriately towards her, and that the Council has unreasonably refused to accept her complaint under the statutory procedure set out in the Children Act 1989.

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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 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

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X complains about the actions of a social worker in the course of safeguarding action relating to a child. She says the social worker acted unprofessionally towards her during a meeting at her home, and she found his attitude dismissive and intimidating.
6. Miss X complained to the Council about the social worker. The Council has declined to accept the complaint into the statutory complaint procedure on the grounds that she does not have sufficient interest in the child. Miss X disputes this. She says she is the child’s carer when he is with his father and that this constitutes sufficient interest.
7. The Ombudsman will not investigate Miss X’s complaint. The statutory complaint procedure is constituted to give children and those acting on their behalf or with sufficient interest, a route by which to complain about matters which affect the child. Miss X’s complaint relates to alleged unprofessional behaviour on the part of a social worker towards her, and the effect she says this had on her. We will not therefore criticise the Council for deciding that the statutory procedure is not appropriate in the circumstances of the case.
8. Miss X’s complaint relates to a social worker’s professional conduct. 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. This recourse is available to Miss X without reference to the Ombudsman.

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Final decision

9. We will not investigate Miss X’s complaint because there is insufficient evidence of fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman