Summary: We will not investigate this complaint about the conduct of a support worker. This is mainly because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complains the Council did not deal properly with his concerns about a Council officer who provides support services to his family. Mr X says the Council’s actions have caused him distress and anxiety.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome (Local Government Act 1974, section 34(3), as amended).
3. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I also considered the Ombudsman’s Assessment Code, relevant law and policy documents.

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My assessment

6. Mr X complained to the Council about the conduct of a council support worker dealing with his family. Mr X says the support worker was biased, made inappropriate comments about him and distressed his children. Mr X asked the Council to investigate the support worker’s conduct and to replace them with a different worker.
7. The Council investigated Mr X’s concerns and decided it was not in the children’s best interests to change the support worker. The Council instead offered to involve an additional family support worker at meetings.
8. Mr X is unhappy with the Council’s response. He believes the Council did not properly investigate his concerns and has acted with bias.
9. The Working Together to Safeguard Children 2023 is a statutory guidance which says local councils must promote the welfare of children and ensure their safety. The guidance requires councils to work together with children, parents and carers when making decisions that may impact a child.
10. On the evidence available to me, I am satisfied the Council has met its duties under the statutory guidance. This is because:
• it acknowledged Mr X’s concerns and reviewed its practice;
• it considered the views of those involved;
• it offered alternative arrangements it believed would support Mr X while also considering the best interests of the children; and
• It encouraged ongoing communication through regular family meetings.
11. In the circumstances, there is not enough evidence of fault to justify an investigation of the decision not to remove the support worker from Mr X’s case.
12. As we will not investigate the substantive matter – the Council not removing the support worker – it would be disproportionate to investigate the Council’s complaint-handling in isolation.

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Final decision

13. We will not investigate Mr X’s complaint. This is because there is not enough evidence of fault in the Council’s decision-making and it would be disproportionate to investigate the complaint-handling in isolation.

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Investigator's decision on behalf of the Ombudsman