The Ombudsman's final decision
Summary: We will not investigate this complaint about the conduct of a social worker. The complaint is late and there are no good reasons for us to exercise discretion to consider it now. It would also be better placed with Social Work England.
The complaint
Mrs X complains about the conduct of a social worker who was involved with her family between 2020-2022.
Mrs X says the social worker did not include key information in assessments, made inappropriate comments and made her leave her family home.
Mrs X says the matters caused her significant anxiety and distress.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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
Mrs X complained about the conduct of a social worker who was involved with her family between 2020-2022.
Mrs X complained to the Ombudsman in August 2026.
As outlined in paragraph five, we cannot investigate late complaints without good reasons. I have considered whether there are good reasons for us to exercise discretion to consider this complaint now.
I cannot see any good reasons why Mrs X could not have complained to us sooner. Therefore, we will not investigate this complaint.
In any case, we look at organisational fault, not individual professional competence. Decisions about an individual’s fitness to practise or work are for the organisations concerned, and for professional regulators, not the Ombudsman.
Social Work England (SWE) is the social work regulator. SWE has powers to investigate the conduct of individual social workers. SWE would therefore be better placed to consider Mrs X’s concerns.
Final decision
We will not investigate Mrs X’s complaint because the complaint is late and it would be better placed with SWE.
Investigator's decision on behalf of the Ombudsman