Summary: We will not investigate this complaint about a social worker contacting Mr X’s employer to complain after he made a child safeguarding referral. Investigation by us would not be likely to achieve a worthwhile outcome.

The complaint

1. Mr X said a social worker wrongly contacted his employer to complain about him after he made a child safeguarding referral as a private citizen. He wanted the Council to take further disciplinary action against the social worker and to compensate him for invading his privacy and confidentiality.

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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:

• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

3. Under the information sharing agreement between the Local Government and Social Care Ombudsman and the Office for Standards in Education, Children’s Services and Skills (Ofsted), we will share this decision with Ofsted

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How I considered this complaint

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

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My assessment

6. Although Mr X works for a public body, he made a child safeguarding referral privately. The Council accepted a social worker failed to check this properly and, as the call had not gone well, made a complaint about him to his employer. It apologised and said it would take various actions to improve the worker’s practice and to prevent a recurrence involving any of its staff.
7. We have no authority to make recommendations in personnel matters. Social Work England is the appropriate body to consider complaints of professional misconduct by social workers. The Information Commissioner’s Office (ICO) has powers to impose penalties to determine data breaches and to impose penalties. We do not have the same powers. That being so, investigation by us would be unlikely to lead to a significantly different outcome or the outcome Mr X is seeking.

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Final decision

8. We will not investigate Mr X’s complaint because:

• We have no powers to make recommendations involving disciplinary action about personnel matters;
• Another agency is better placed than us to consider data breaches; and
• Investigation by us is unlikely to lead to a significantly different outcome or the outcome Mr X is seeking.

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Investigator's decision on behalf of the Ombudsman