Summary: We will not investigate Mr X’s complaint about the actions of a social worker. This is because doing so would not add to the investigation carried out by the Council or lead to a different outcome. Also, we cannot achieve the outcome Mr X seeks.

The complaint

1. Mr X is a foster carer. He complains about the actions of a social worker allocated to children who were in his care. Mr X wants the social worker moved to a different role and a referral to be made to the social worker’s professional body.

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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
• 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), as amended, section 34(B))

3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

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

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My assessment

6. The Council investigated Mr X’s complaint at stages 1 and 2 of the statutory complaints process. The Council either upheld or partly upheld most of the complaint points raised by Mr X. The Council apologised to Mr X and agreed to recommendations put forward by the investigator, to address the issues identified.
7. I will not investigate Mr X’s complaint. This is because investigation would not add to the one carried out by the Council or achieve a different outcome. This is because the concerns raised by Mr X have been fully investigated and proportionate and appropriate recommendations have been agreed.
8. We also cannot achieve the outcome Mr X is seeking. It is for the Council and not the Ombudsman to decide where social workers are allocated. Social Work England are the professional body for social workers, and it would be reasonable for Mr X to raise a concern with them about his concerns about the professional conduct of a specific social worker.
9. Finally, Mr X complains about the actions of a different social worker following a meeting held in December. I will not investigate this element of Mr X’s complaint because the Council has not yet had the opportunity to consider it under its complaints process.

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Final decision

10. We will not investigate Mr X’s complaint because doing so would not add to the investigation carried out by the Council or lead to a different outcome, and because we cannot achieve the outcome Mr X seeks.

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Investigator's decision on behalf of the Ombudsman