The Ombudsman's final decision
Summary: We will not investigate this complaint about the conduct of a Council Social worker. That is because the Council has not provided a substantive complaint response as care proceedings are ongoing.
The complaint
Miss X complained about how a Council Social Worker communicated with her and her sister, Mrs Y. Miss X said the Social Worker told her that Mrs Y had not passed a parenting assessment before sharing that information with Mrs Y. She said the Social Worker then delayed in telling Mrs Y the outcome of the parenting assessment.
Miss X also complained the Social Worker failed to provide transport to support Mrs Y’s children to visit her, and that information contained within one of the Council reports was inaccurate.
Miss X also complained on behalf of Mrs Y about how the Social Worker spoke to her.
Miss X said the Council’s actions placed her under significant stress and were unfair on Mrs Y. She believes the Social Worker has breached Professional Standards. She wants them removed from Care Proceedings.
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) We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. (Local Government Act 1974, section 26(5))
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 X complained to the Council in April 2022. The Council initially discussed the complaint with Miss X but it did not provide a formal response. The Council wrote to Miss X in July. It apologised for not responding sooner. It said it could not investigate her complaint as it would be prejudicial to ongoing Care Proceedings. It said Mrs Y and Miss X could raise their concerns as part of the Care Proceedings. It also confirmed Miss X could resubmit the complaint once the proceedings had concluded.
Although Miss X is dissatisfied with the Council’s response, we will not investigate her complaint. Firstly, we would not investigate whilst Court Proceedings are ongoing. If Mrs Y and Miss X have ongoing concerns about the Council’s actions relevant to Care Proceedings, it would be reasonable for them to raise them with the Court.
Secondly, the complaint has not yet exhausted the Council’s complaint procedure. We would not be critical of the Council for waiting until Court has concluded before providing a complaint response.
If Mrs Y and Miss X have concerns about the professionalism of an individual social worker, it is reasonable to expect her to report her concerns to their professional body Social Work England.
Final decision
We will not investigate Mrs X’s complaint because she has not yet exhausted the Council’s complaint procedure.
Investigator's decision on behalf of the Ombudsman