Summary: We will not investigate this complaint about the Council’s involvement with Miss X and her child, Y. This is because the Ombudsman would be unable to provide a worthwhile outcome for Miss X.

The complaint

1. Miss X complained the Council social worker who worked with her when her child, Y was made subject to a Child in Need Plan was unprofessional and failed to arrange an interpreter for her. She said this caused her upset and distress.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council placed Miss X’s child Y on a Child in Need plan for a brief period when Miss X became unwell. Miss X said the social worker sent to work with her during this time was unprofessional and did not arrange an interpreter for her.
6. Y went on to live with her other parent in another area. Miss X complained to the Council about the social worker and asked it to reassess her so Y could be returned to her care.
7. The Council conceded it failed to arrange an interpreter but advised it could not investigate the social worker’s conduct because she no longer worked for the Council. The Council explained Y no longer lived in the area and it could not influence or change the current custody arrangements.
8. Miss X wants the Ombudsman to find the Council at fault and for the Council to reassess her for a new home and return Y to her. The Ombudsman cannot direct the Council to return Y to Miss X as this is a private custody matter and is for the courts. Therefore, an investigation is unlikely to lead to a worthwhile outcome for Miss X.

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Final decision

9. We will not investigate Miss X’s complaint because the Ombudsman would be unlikely to achieve a worthwhile outcome for Miss X.

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Investigator's decision on behalf of the Ombudsman