Summary: We will not investigate this complaint that the Council’s social worker was at fault in making a safeguarding referral. There is insufficient evidence of fault on the Council’s part to warrant investigation.

The complaint

1. The complainant, Mr X, complains that the Council’s social worker was at fault in making a safeguarding referral to his home authority.

Back to top

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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X says that, following his attendance at a family time contact session with his children, the Council’s social worker made a safeguarding referral to his home authority. He says the social worker did so on the basis that he may have had a mental health issue or have been intoxicated during the session. He says his presentation was in fact due to a medical issue, and it was unreasonable for the social worker to make the referral without speaking to him or making any enquiries.
6. Mr X says that, as a result of the referral, the home authority’s actions have caused his separation from his partner. He further contends that the social worker’s actions posed a risk to his welfare and that of his children.
7. In response to Mr X’s complaint, the Council denies that its social worker made the safeguarding referral. Rather, it says she spoke to Mr X’s Community Psychiatric Nurse (CPN) and shared feedback from the family time session. The Council says it was the CPN who subsequently made the safeguarding referral.
8. The Ombudsman will not investigate Mr X’s complaint because there is insufficient evidence of fault on the Council’s part. We would not question the social worker’s professional judgment in sharing her concerns with the CPN, and there is no reason to doubt that it was the CPN who made the subsequent referral. Even if it could be shown that the social worker made the referral, the Ombudsman would not intervene to criticise her decision to do so.
9. It is also the case that any injustice caused to Mr X or his children would flow from action taken in response to the referral, not the referral itself. The Council is not responsible for any action taken by Mr X’s home authority.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault on the Council’s part.

Back to top

Investigator's decision on behalf of the Ombudsman