Summary: We will not investigate Mr X’s complaint about the conduct of a social worker whom he said asked inappropriate questions and made unfounded allegations against him. The Council upheld the complaint and apologised. An investigation by the Ombudsman is unlikely to achieve anything else.

The complaint

1. Mr X complained a social worker asked him inappropriate questions and made unfounded allegations against him.
2. Mr X said the matter caused him distress. Mr X said he was denied contact with family members because of the allegation.

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The Ombudsman’s role and powers

3. 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
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In its complaint response, the Council upheld Mr X’s complaint and explained the actions of the social worker fell outside the scope of their role.
7. The council apologised for the distress caused. It explained the social worker was no longer employed at the Council.
8. The Council also explained Mr X’s contact with family members was under review and would form part of their care planning in the future.
9. We will not investigate Mr X’s complaints because an investigation is unlikely to achieve a different outcome.

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Final decision

10. We will not investigate Mr X’s complaint because an investigation is unlikely to achieve anything else.

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Investigator's decision on behalf of the Ombudsman