The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the actions of the Council’s children’s social care team because there is insufficient evidence of fault, and Miss X can take some of her complaints to other, more suitable bodies.
The complaint
Miss X complained the Council: failed to support her and her family during its child protection involvement; disclosed information to a third party about her whereabouts; and failed to communicate with her effectively.
Miss X says the matter caused her distress.
Miss X wants the Council to change the named 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 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 not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended) The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In April 2024 Miss X complained to the Council. Her complaint included that the Council: failed to support her through its children’s social care team around her housing; did not tell her about a change in the allocated social worker for her child; disclosed her location to a third-party person; and spoke with her child about matters it should not have.
Miss X later complained again to the Council about social workers failing to support her and that social workers asked questions about historical matters which she said were no longer relevant. Miss X also said a new social worker, social worker B, was unprofessional and rolled their eyes during a meeting. Miss X asked the Council to change the social worker.
In the Council’s final complaint response, it told Miss X it acknowledged her distress. It explained: its social workers had tried to support Miss X in matters relating to her housing, but Miss X had refused some offers of help; that it had spoken with her child to obtain her child’s views, which is part of its duties when it is involved with children on a child protection plan; it had not disclosed her location to a third-party person and confirmed the third-party was already aware of her location; and it had informed Miss X of the change from social worker A to social worker B, which Miss X acknowledged following a meeting.
Analysis We will not investigate Miss X’s complaint about how the Council supported her and her family, or how it conducted its social work assessments including questions relating to Miss X’s child or her past. The Council explained how it had tried to support Miss X and the actions it had taken. There is insufficient evidence of fault in how the Council’s children’s services supported Miss X or its involvement with her family, and so we will not investigate.
We will not investigate Miss X’s complaint that the Council disclosed her location to a third party. If Miss X is concerned the Council breached its data protection duties, it is reasonable to expect her to take the matter to the Information Commissioner’s Office, which is better suited to consider this type of complaint. In any case, even if we were to consider this complaint, based on the information seen there is insufficient evidence of fault, so we would not investigate.
Miss X wants the Council to change the named social worker. We cannot achieve this outcome because it is about a personnel matter, and the Ombudsman has no power to instruct the Council to change the named worker.
Miss X complained about the conduct of social workers and about their general practice. If Miss X is concerned about the conduct of social workers, she could raise the matter with the social worker’s professional body, Social Work England.
Final decision
We will not investigate Miss X’s complaint because there is insufficient evidence of fault, and Miss X can take some of her complaints to other more suitable bodies.
Investigator's decision on behalf of the Ombudsman