Hartlepool Borough Council (22 000 022)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 21 Apr 2022
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about a children social worker’s actions. We cannot investigate opinions and evidence given to a Court, and Social Work England is better placed to consider her complaint about professionalism.
The complaint
- The complainant, whom I shall call Miss X, says a children services social worker was not impartial.
The Ombudsman’s role and powers
- 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)
- 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 is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by Miss X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X says a Council children service’s social worker, allocated to her family, was not impartial. She believes she had a personal relationship with the children involved father’s family. She complained to the Council.
- The Council in reply to Miss X’s complaint denied the social worker was not impartial. It also said her comments and opinions were said during Court proceedings.
- We cannot investigate any comments or opinions stated in Court proceedings for the reasons set out in paragraph two.
- Our role is to investigate the actions of the Council as a corporate body, not to hold a single officer accountable. It is reasonable to expect Miss X to report her concerns about the professionalism or integrity of an individual social worker to their professional body, Social Work England.
Final decision
- We will not investigate Miss X’s complaint because we cannot investigate comments given to a Court and Social Work England is better placed to consider her complaint about a social worker’s professionalism.
Investigator's decision on behalf of the Ombudsman