Summary: We will not investigate this complaint about the conduct of a social worker. Social Work England is better placed to decide if a social worker is meeting their professional standards. For the remainder, the Information Commissioner is better placed to decide complaints about data protection.

The complaint

1. Miss X complained a social worker carried out an unofficial safeguarding investigation.
2. Miss X also complained about unauthorised viewing of records by Council officers.
3. Miss X said this caused distress.
4. Miss X wants the Council to investigate the behaviour of the social worker and compensate her.

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The Ombudsman’s role and powers

5. 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 are other bodies better placed to consider this complaint, or
• we cannot achieve the outcome someone wants.

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

6. 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.
7. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

8. I considered information provided by Miss X.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. We will not investigate Miss X’s complaint about the conduct of a social worker. As at paragraph six, we cannot decide if a social worker is meeting their professional standards. Miss X has already reported her concerns about the social worker’s practice to Social Work England.
11. We will also not investigate Miss X’s complaint about unauthorised viewing of her records by Council staff. The Information Commissioner investigates complaints about data protection matters, and it is reasonable to expect Miss X to complain to them.
12. Additionally, we cannot achieve the outcome Miss X wants. We cannot award compensation, only the courts can.

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Final decision

13. We will not investigate Miss X’s complaint because there are other bodies better placed to consider the matters.

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Investigator's decision on behalf of the Ombudsman