Summary: We will not investigate Mr X’s concerns about the Councils’ social worker and his complaint about the Council’s complaint handling procedures. There is another agency which can investigate his concerns about the social worker’s conduct. We will not investigate his concerns about the Council’s complaint handling alone if we are not going to investigate any substantives issues.

The complaint

1. Mr X complained about the Council’s social worker’s comments and professional conduct.
2. He also complained about the Council’s complaint handing, including that the same person who responded to his stage one complaint is the same person who responded to his stage two complaint.

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The Ombudsman’s role and powers

3. 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mr X’s complaint to the Council is mainly about the conduct or professionalism of the Council’s social worker. Mr X complained to the Council about comments the social worker allegedly made, and he also asked the Council to remove the social worker from a child fostering case.
7. Our role is to investigate the actions of the Council as a corporate body, not to investigate the actions of a specific employee of the Council. Mr X’s concerns about the professionalism or integrity of an individual social worker are better suited to their professional body, Social Work England.
8. Social Work England can decide if the Council’s social worker has not met the professional standards required in their profession.
9. We will not investigate Mr X’s complaint about the Council's complaint handling procedures alone if we are not going to investigate any substantive issues at the same time. This would not be a good use of our limited public resources.

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Final decision

10. We will not investigate Mr X’s complaint because he can complain to Social Work England about the social worker’s conduct and we will not investigate his complaint about the Council’s complaint handling alone.

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Investigator's decision on behalf of the Ombudsman