Summary: We will not investigate Ms X’s complaint about children services. Social Work England and the Information Commissioner’s Office are better placed.

The complaint

1. Ms X complains about a social worker’s conduct and the Council’s refusal to provide her with information.

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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 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

3. I considered information provided by Ms X and the Council’s reply to her.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X says she cared for an extended family member, Child Y. She says she understood the Council carried out a child protection investigation in February 2025. She disagrees with the reasons for doing so. She says Child Y’s mother then removed Child Y from her care and took Child Y to another Council’s area.
6. She complained to the Council about the way the social worker who carried out the child protection investigation had acted. This includes not providing her with information she wanted. The Council said it could not investigate her complaint without the permission of one of Child Y’s parents.

Analysis

7. Ms X has the right to request the Council disclose information and documents to her. This is called a ‘subject access request’ under the Data Protection Act. If the Council refuses to do so, she can complain to the Information Commissioner’s Office (ICO). Parliament set up the ICO to consider data protection disputes. The ICO are better placed than us to consider if the Council should disclose the information Ms X seeks. This is particularly so because there are complex exemptions for child protection case files.
8. Our role is to investigate the actions of the Council as a corporate body, not to hold a single officer accountable. Ms X concerns about the professionalism or integrity of an individual social worker are better suited to their professional body, Social Work England.

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Final decision

9. We will not investigate Ms X’s complaint because there are other bodies better placed.

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Investigator's decision on behalf of the Ombudsman