Summary: We will not investigate this complaint about alleged misconduct by a social worker while on sick leave. We have no power to make findings about misconduct, or to make recommendations about disciplinary action against the Council’s staff. Social Work England is better placed than us to consider complaints of professional misconduct by social workers, as it has powers we lack.

The complaint

1. Mr X said his family suffered as a result of delay to an investigation caused by a social worker being away ill. He said that while away from work, the social worker posted social media content that suggested the reason for absence was not genuine. He wanted the social worker dismissed.

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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 cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

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

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My assessment

5. The complaint relates to an internal matter of alleged misconduct by a staff member. We cannot make findings about alleged misconduct or make recommendations about internal disciplinary action. That is a confidential matter for the Council as the employer. Mr X also has the right to complain to Social Work England about this matter. That body is better placed than us to consider the complaint because it has powers we lack to determine matters of alleged professional misconduct and to consider fitness to practice.

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Final decision

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

• We cannot achieve the outcome Mr X is seeking; and
• Another body is better placed than us to consider this matter as it has powers we lack to determine matters of professional conduct and fitness to practice.

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Investigator's decision on behalf of the Ombudsman