Summary: We will not investigate this complaint about the conduct of a social worker. The matters complained of concern alleged professional misconduct and Social Work England would be better placed to consider them as we cannot make recommendations about fitness to practice. Investigation by us would be unlikely to lead to a different or worthwhile outcome. Some of the matters complained of are not separable from personnel matters or matters that formed part of court action.

The complaint

1. Miss X said she found her initial social worker’s actions biased, judgemental, unprofessional and even deceitful. She said the social worker treated her in way that left her feeling shamed, mocked and blamed for having been in an abusive relationship. She said this encouraged and enabled her ex-partner to continue to behave in an abusive way. She said this was in contrast to the actions of the social workers who followed.
2. Miss X said the Council cherry-picked aspects of her complaint and failed to carry out a proper investigation. She wanted the Council to carry out a more thorough investigation.

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The Ombudsman’s role and powers

3. 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:

• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))
 

4. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

5. 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)

We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B)

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council’s responses to Miss X’s complaint confirm some of the initial social worker’s actions were poor practice. It is not in dispute that they left Miss X feeling uncomfortable and let down, though she maintains it went further than that. I note that the Council agreed to a fresh assessment of Miss X’s family circumstances, which suggests it did not have confidence in the first one.
9. Miss X has indicated she is aware the Council cannot tell her about any disciplinary action or other personnel issues arising from its findings. We cannot investigate personnel matters. Her central contention is that the Council believed the social worker’s denials of certain matters and should have investigated further.
10. Were we to investigate these matters, any outcome would be likely to relate to personnel, which is beyond our legal powers. Social Work England would be better placed than us to consider if there is further evidence that would amount to professional misconduct by the social worker. Some of the matters complained of also concern the social worker’s opinions of Miss X and her family as written in an assessment. But those opinions were stated in papers that were seen by a court, which means we would lack the legal power to consider them. The Council’s decision to repeat the assessment, and the transfer to different social workers also reduce the potential recommendations we could make if we investigate.
11. Taken together, these reasons make it unlikely that investigation by us would lead to a different or better outcome than that already achieved.

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Final decision

12. We will not investigate Miss X’s complaint because this would be unlikely to :

• Lead to a different or better outcome than the Council’s investigation; or
• Lead to a recommendation that the Council re-investigate, which is the outcome Miss X said she wanted.

13. The complaint also involves matters related to professional conduct, which another agency would be better placed to consider.
14. Finally, the complaint involves personnel matters and matters not separable from court action, both of which we cannot investigate.

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Investigator's decision on behalf of the Ombudsman