Summary: We will not investigate this complaint about the conduct of a social worker. This is because it is a late complaint, many of the issues have been subject to court proceedings, and there is another body the complainant could complain to. In addition, there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains about the conduct of a social worker and about the Council’s decision not to accept his complaint.

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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)

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

5. I read the complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision.

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What I found

What happened

6. A social worker was involved with Mr X’s family from September 2018 to October 2019. There have been court hearings, a criminal trial and child protection proceedings.
7. Mr X complained to the Council in October 2020 about the conduct of the social worker. For example, he says she was arrogant, rude and dismissive, unfairly critical and her conduct caused Mr X to attempt suicide. He says she wrote inaccurate reports for the court and falsely told hospital staff that she was his care coordinator. Mr X says the social worker tried to destroy his family.
8. The Council said it would not consider his complaint because Mr X is complaining about historic issues and the social worker is no longer employed by the Council. The Council said it expects people to complain within twelve months. It suggested he could complain to Social Work England. This is the body that considers complaints about a social worker’s fitness to practice.
9. Mr X disagrees with the Council’s decision and wants to pursue his complaint about the social worker.

Assessment

10. I will not start an investigation for the following reasons.
11. There is insufficient evidence of fault by the Council. The regulations say a council need not consider complaints about events that happened more than 12 months ago. Mr X complained in October 2020 about events between September 2018 and October 2019. There is no suggestion of fault in the Council’s decision not to accept the complaint especially as it has also explained that the social worker no longer works for the Council and because Mr X did not complain at the time.
12. I will not investigate the complaint about the social worker because, again, it is a late complaint. In addition, many of the issues have been considered in court (for example the reports written by the social worker) and the law says we cannot investigate any issue that has formed part of court proceedings.
13. Finally, Mr X could raise his concerns with Social Work England. It is reasonable to expect him to do that because it is the body that considers complaints social workers.

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Final decision

14. I will not start an investigation because there is insufficient evidence of fault by the Council, it is a late complaint, some matters have been considered in court and because there is another body Mr X can complain to.

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Investigator's decision on behalf of the Ombudsman