The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of the complainant’s children’s social worker. This is because we cannot achieve the outcome the complainant is seeking.
The complaint
The complainant, who I will refer to as Miss B, complains that her children’s social worker has been at fault in her involvement with her and her children.
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 children are the subject of care orders placing them in the Council’s care. Miss B complains that the social worker does not take account of her opinions and disregards the changes she has made in order to have the children returned to her care. She also complains about the way the social worker speaks to her eldest daughter. Miss B wants the social worker removed from the case and for the Council to uphold her complaint.
The Council considered Miss B ‘s complaint and found no fault on the social worker’s part. It did not agree to remove her from the children’s case.
The Ombudsman will not investigate Miss B’s complaint because we cannot achieve the outcome she is seeking. The Council’s response to Miss B’s complaint appears comprehensive and, without evidence of fault in the way the Council considered the matter, we cannot intervene to substitute an alternative view. Neither can the Ombudsman require the Council to reassign the case to a different social worker. It is for the Council to decide how to allocate cases to its staff.
Final decision
We will not investigate Miss B’s complaint because we cannot achieve the outcome she is seeking.
Investigator's decision on behalf of the Ombudsman