The Ombudsman's final decision
Summary: We will not investigate this complaint that a social worker was at fault in completing a risk assessment regarding the complainant’s children. This is because there is no worthwhile outcome achievable by investigation.
The complaint
The complainant, Mr X, complains that the Council’s social worker was at fault in completing a risk assessment regarding his 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 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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s children are the subject of child protection action. Mr X complains that the children’s social worker was at fault when producing a risk assessment. He says the social worker misrepresented what he said when they met and failed to include information he provided. He says the social worker’s actions have prevented him from having contact with the children. The Council has declined to accept Mr X’s complaint.
The Ombudsman will not investigate Mr X’s complaint. We will not ask a council to change the content of an assessment, which would amount to changing the record of the case. This is true even where the content of the assessment is inaccurate or disputed. The most we would expect is that a statement of a complainant’s dissenting views is added to the file. Mr X has set out his views in the form of a complaint, so this is already the case. The Ombudsman’s involvement would achieve nothing significant.
If Mr X believes the information the Council holds is false, he may pursue his right to rectification, as the Council has advised him. If he believes he is being unreasonably denied contact with his children, his recourse is to take the matter to court. There is no role for the Ombudsman.
Final decision
We will not investigate Mr X’s complaint because there is no worthwhile outcome achievable by investigation.
Investigator's decision on behalf of the Ombudsman