Summary: We will not investigate this complaint that a Council employee abused the complainant and threatened to have her children taken into care. This is because there is insufficient evidence of fault by the Council and because the complainant can report the incident to the police.

The complaint

1. The complainant, whom I refer to as Ms X, says a social worker (Ms T) threatened her with physical harm and verbally abused her. Ms X says Ms T threatened to have her children taken into care. Ms X says Ms T should receive training and a warning about her conduct.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe:

• it is unlikely we would find fault, or
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

3. I read the complaint and the Council’s response. I invited Ms X to comment on a draft of this decision.

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What I found

What happened

4. Ms X says Ms T, who she says is employed by the Council as a social worker, threatened her with physical harm and verbally abused her. Ms X says Ms T said she would have Ms X’s children taken into care. This has caused Ms X great anxiety and distress.
5. Ms X complained to the Council. In response the Council said it could not identify a Council employee with the details Ms X had provided. The Council suggested she contact the police.
6. Ms X is dissatisfied with the reply. Ms X wants an apology and says Ms T should receive a warning and training.

Assessment

7. I have checked with the Council and it has confirmed it was not Ms T’s employer at the time of the incident. Ms T was not employed by the Council so the Council has no involvement and no role to play. There is no suggestion of fault in the Council’s response in saying it cannot help.
8. I also will not start an investigation because allegations of threats and abuse need to be dealt with by the police.

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Final decision

9. I will not start an investigation because there is insufficient evidence of fault by the Council and because Ms X can report the incident to the police.

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Investigator's decision on behalf of the Ombudsman