The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about a social worker’s actions as Social Work England is better placed. We cannot investigate an officer’s court report.
The complaint
Miss X complains about a Council children services’ team, social worker’s actions.
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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
I considered information provided by Miss X which included the Council’s reply to her.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says a Council children services social worker has not acted in accordance with the professional standards she expects. She says this includes the content and presentation of a s37 court report.
We cannot investigate the content, preparation of and presentation of a report ordered by a Court and provided to it.
Our role is to investigate the actions of the Council as a corporate body, not to hold a single officer accountable. If Miss X has concerns about the professionalism or integrity 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 Miss X’s complaint because we cannot investigate the content, preparation and presentation of a report used in Court proceedings. Social Work England is better placed to consider a complaint about a social worker’s professional conduct.
Investigator's decision on behalf of the Ombudsman