Summary: We will not investigate this complaint about the actions of a social worker. Most of the matters complained of are not separable from matters that are subject to court action, and we cannot investigate them. The social worker’s lateness for meetings is separable, but there is not enough fault or injustice to warrant investigation, and investigation by us would be unlikely to lead to a different outcome or achieve the outcome Miss X wants.

The complaint

1. Miss X said a social worker was late for meetings, including being 35 minutes late for a meeting involving her children, which caused anxiety because they have autism and find meeting new people difficult. She said the social worker missed an important court meeting and failed to ask for police reports the court asked for concerning her ex-partner. Miss X said the social worker did not listen to her or her children, and said she no longer wanted or needed a social worker.

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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, or
• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

3. 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)
4. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

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

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My assessment

7. While being late for a meeting always requires an apology, social workers are subject to emergencies that can delay them. I appreciate that Miss X’s children find it more difficult than average when a person is late, especially if they have not met that person before. However, the fault and injustice caused are not such that we would recommend more than an apology.
8. Where a court is involved with deciding the residence and contact arrangements for children, social workers are an essential part of that process. Investigation by us would not lead to any recommendation to end social work involvement with Miss X’s family.
9. Most of the complaint is not separable from the court action involving contact and residence for Miss X’s children. We cannot investigate it.

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Final decision

10. We will not investigate Miss X’s complaint because:

• most of the matters complained of are nor separable from court action, and we cannot therefore investigate them;
• we cannot achieve the outcome Miss X wants; and
• there is not enough fault and injustice in the remaining matter to warrant investigation.

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Investigator's decision on behalf of the Ombudsman