The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about children’s services’ involvement with her family. There are other bodies better placed to consider the matters.
The complaint
Mrs X complained about the professionalism of a social worker. Mrs X also said the Council holds inaccurate information about her and has refused to correct it.
Mrs X said this caused distress.
Mrs X wants the Council to properly consider her complaint about the social worker’s conduct and review its processes.
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 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)
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained about the professionalism of a social worker who was working with her family. Mrs X said the social worker was confrontational, communicated poorly and recorded inaccurate information.
We will not investigate Mrs X’s complaint about the social worker’s conduct. 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.
Additionally, the Information Commissioner (ICO) enforces data protection legislation. The main functions of the ICO are to uphold information rights in the public interest by promoting openness by public bodies and protecting the privacy of individuals.
We will not investigate Mrs X’s complaint the Council holds inaccurate information. The ICO is better placed to consider and decide complaints about data protection, and it is reasonable to expect Mrs X to report her concerns to it.
Final decision
We will not investigate Mrs X’s complaint because Social Work England and the Information Commissioner are better placed to consider it.
Investigator's decision on behalf of the Ombudsman