Summary: We will not investigate this complaint about the Council’s actions after X told it about safeguarding concerns relating to a child. There is another body better placed to consider X’s complaint, and it is unlikely we would find fault with how the Council decided on the action it needed to take.

The complaint

1. X complains the Council is at fault because it did not properly act on safeguarding concerns relating to child, and their contact with a social worker. X says this matter has caused them emotional harm.

Back to top

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))
3. 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
4. We look at organisational fault, not individual professional competence. Decisions about an individual’s fitness to practise or work are for the organisations concerned, and for professional regulators, not the Ombudsman. (Local Government Act 1974, s26(1) and s26A(1) as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. X told the Council about their concerns relating to a child and that child’s contact with a social worker. The Council contacted X, gathered information from them and decided the matters would be dealt with under employment procedures rather than as a formal complaint. It then said it could not provide them with any more information about that resolution.
7. I have seen the initial complaints, which detail the concerns X told the Council about. I will not investigate those matters, because we cannot decide whether something is a breach of professional standards of conduct. Social Work England is a body that is better placed to look at X’s concerns about professional practice.
8. Nor will I investigate the complaint about how the Council decided it would consider X’s concerns, or the information it provided to X on this. Noting the Council’s responses, it is unlikely I would find fault.

Back to top

Final decision

9. We will not investigate X’s complaint because there is another body better placed to look at their complaints of professional practice and it is unlikely we would find fault in how the Council considered their complaint.

Back to top

Investigator's decision on behalf of the Ombudsman