The Ombudsman's final decision
Summary: We will not investigate this complaint about information a social worker used in their assessment. This is because we could achieve nothing significant by doing so.
The complaint
The complainant, whom I refer to as Mr X, complains a social worker used inaccurate and misleading information about him in their reports and assessment, in connection with the social care of his partner’s children.
He states this has unreasonably impacted his contact with them. He wants a full apology, financial compensation and for the social worker to be reprimanded.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
Mr X had the opportunity to comment on my draft decision.
My assessment
Mr X’s partner’s children were subject of a child protection enquiry and during this, a Children and Family assessment was carried out.
Mr X states information used in the social worker’s reports and assessment was inaccurate, misleading, and based on opinion rather than fact.
We will not investigate this complaint because we cannot achieve anything significant by doing so.
If Mr X wishes to address the alleged inaccuracies, he may pursue his legal right to rectification and bring his concerns to the Information Commissioner’s Office, who is better placed than the Ombudsman to consider them. Where a complainant disputes the accuracy of an assessment, the most we could normally seek to achieve is that a council agrees to place a record of the complainant’s dissenting views on the file. Mr X has set out his views in his complaint, so there are no grounds for the Ombudsman to intervene.
We can only consider the Council’s actions towards Mr X, not those towards his partner. Neither will we comment on issues around contact with his children. Without a court order in place, the Council may give advice where appropriate but has no power to prevent Mr X having contact. That is a matter between Mr X and his partner.
Final decision
We will not investigate this complaint. This is because we cannot achieve anything significant in doing so.
Investigator's decision on behalf of the Ombudsman