Summary: We will not investigate this complaint about what a social worker told Mr X’s family about his offences. There is insufficient evidence of fault to warrant investigation.

The complaint

1. Mr X said a social worker influenced his family to cut off all contact with him after his release from prison. He said the social worker ensured his family received details of his offences, ensured they listened to a telephone call he made, and wrongly tried to suggest he had committed further offences.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

5. Mr X served a prison sentence for sexual offences. When such an offender is released on licence, social workers must assess if there a risk to any children in the ex-offender’s family. That involves ensuring the family are aware of the details of the offences and can protect any children in the family from potential risks that might be posed by the ex-offender. Reactions of families to the return of an ex-offender after a prison sentence vary. Mr X said his family were initially supportive, but that they cut off all contact after the social worker’s involvement. However, it was Mr X’s family’s decision to cut off contact with him and to ask his mother to leave the family home when she decided to maintain contact.

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Final decision

6. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman