The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of a social worker. This is because we could achieve nothing significant by doing so.
The complaint
The complainant, who I will refer to as Miss B, complains about the actions of her daughter’s social worker
The Ombudsman’s role and powers
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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss B’s daughter is looked after by the Council. Miss B complains that the Council’s social worker has failed to communicate with her and has not acted in her daughter’s best interest. She says the social worker has not acted on safeguarding concerns, and alleges the social worker has breached her confidentiality.
Miss B also complains about a negative parenting assessment the Council carried out and about the management of contact arrangements. She wants the Council to appoint a new social worker for her daughter.
The Council upheld Miss B’s complaint in part and apologised for deficiencies in communication. It has declined to replace the social worker.
The Ombudsman will not investigate Miss B’s complaint because we cannot achieve anything significant by doing so. The care arrangements for Miss B’s daughter have been decided in court and the law prevents us from investigating matters relating to them. Investigation would not result in the removal of the social worker. It is for the Council to decide its staffing arrangements and we will not intervene.
If Miss B has concerns about breaches of confidentiality, she may wish to bring them to the attention of the Information Commissioner’s Office, which is better placed than the Ombudsman to consider them.
Final decision
We will not investigate Miss B’s complaint because we cannot achieve anything significant by doing so.
Investigator's decision on behalf of the Ombudsman