Summary: We will not investigate Mr X’s complaint about the actions of social workers assigned to his child’s case. Investigation would be unlikely to add to the Council’s own investigation or lead to a worthwhile outcome.

The complaint

1. Mr X said a social worker:

• Gave him late notice of changes to appointments;
• Sent an inappropriate image of an animal yawning when he reported abuse by his former partner;
• Failed to offer him any support in dealing with the effect of the abuse;
• Was biased as her social media posts referred to certain feminist matters; and
• Failed to add his statements and evidence to an assessment she wrote.

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The Ombudsman’s role and powers

2. 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))
 

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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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. The context of the complaint is matters following the end of a relationship between Mr X and the mother of his child. Mr X says he was subjected to domestic abuse in various forms by his former partner.
8. The text messages between Mr X and the social worker, which he has provided, show the social worker apologised for late notice of changes. Were we to investigate, we would be unlikely to recommend a fuller apology by the Council as the social worker’s policy already met the standard we would expect. And we would not recommend another type of remedy.
9. The Council accepted the social worker should not have used an emoji to respond to a message from Mr X. However, the emoji was of a small, stylised cat figure dressed in pyjamas and slippers and carrying what appeared to be a teddy bear, as if dressed for bed. It accompanied a short text about possible times for a meeting. It did not appear to be an attempt to minimise what Mr X had said about his former relationship. I also note the Council’s correspondence with Mr X made it clear it accepted he had alleged significant abuse by his former partner. For these reasons, investigation by us of this matter would be unlikely to be fruitful.
10. The Council accepted the social worker could have assisted Mr X by advising him about referrals for help with his mental earlier. However, I note the Council had since done this when it responded to his complaint. At the least, Mr X was aware of the services available by the time the complained to the Council. Investigation by us of this matter would be unlikely to lead to a significantly different outcome. This is because we could not say whether Mr X’s mental health was harmed by the late reference to assistance. Only an appropriate medical specialist could do that.
11. That a social worker might be a feminist does not of itself equate to bias. The screenshots Mr X supplied do not suggest any belief by the social worker that men cannot be subject to domestic abuse by women. Investigation of this matter would be unlikely to lead to a finding of fault.
12. The final matter concerned the content of an assessment by the social worker. The Council’s response to Mr X’s complaint, which he sent us, stated the assessment had recorded what Mr X has said about having been subjected to domestic abuse, including physical abuse, by his former partner. Were we to investigate, we would not be likely to find the assessment should also have included all the details provided in statements by Mr X. Moreover, the content of the assessment would only assume significance in the context of a possible dispute over the care of the child of the relationship. Were it to be used in that context, only a court could decide the dispute and we would be legally prevented from considering the matter.

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Final decision

13. We will not investigate Mr X’s complaint because doing so would not be likely to lead to a different or worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman