Summary: We will not investigate this complaint about the conduct of a Council Social Worker. This is because there is another body better placed to consider Mrs X’s complaint.

The complaint

1. Mrs X complains that a Council Social Worker failed to follow Social Work England’s Professional Standards when responding to allegations made against her son Y by another young person. She says this led to Y being interviewed under caution without his parents present, causing him significant distress, she seeks a full investigation, an apology, and a referral to Social Work England.

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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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X complained to the Council about the actions of an individual Social Worker. She believes the Social Worker did not respond appropriately to allegations made by a young person about Y and failed to properly consider Y's circumstances and vulnerabilities.
6. The Council considered Mrs X's concerns and decided to investigate them through its internal personnel procedures rather than the corporate complaints process. It also confirmed it would consider whether a referral to any relevant professional body was appropriate and explained that data protection legislation limited the information it could share about the outcome.
7. It is not our role to determine whether a Social Worker complied with professional standards or committed professional misconduct. Responsibility for these matters’ rests with the Council as the employer and Social Work England as the professional regulator.
8. Our role is to investigate the actions of the Council as a corporate body, not to hold individual officers accountable for their professional practice. Where concerns relate to a Social Worker's professionalism or conduct, Social Work England is the appropriate body to consider them.
9. We will not investigate Mrs X's complaint. It is reasonable for her to raise her concerns with Social Work England.

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Final decision

10. We will not investigate Mrs X’s complaint because there is another body better placed to consider her complaint.

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Investigator's decision on behalf of the Ombudsman