The Ombudsman's final decision
Summary: We will not investigate this complaint about the conduct of a Council social worker. There is another body better placed to consider the complaint.
The complaint
Mr X complained about the conduct of a Council social worker. Mr X also complained the Council would not consider the matter through its complaint’s procedure.
Mr X said this caused him worry.
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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained about the conduct of a Council social worker. Mr X said when he raised concerns with the Council, it took information from him but said it would not be considering the concerns under its complaint’s procedure. Instead, it said the concerns would be considered through relevant internal processes.
Because Mr X’s complaint centres around the conduct of an individual social worker, there is another body better placed to consider his complaint, Social Work England (SWE). SWE is the regulator for social workers in England and have powers to launch investigations into the conduct of individual social workers. For this reason, we will not investigate this complaint.
Because we will not investigate the substantive matters of the complaint, we will not investigate the Council’s complaint handling because it is not proportionate to do so.
Final decision
We will not investigate Mr X’s complaint because there is another body better placed to consider it.
Investigator's decision on behalf of the Ombudsman