Summary: We will not investigate this complaint about the Council’s response to a complaint about a social worker. There is no indication that the alleged fault on the Council’s part caused the complainant a significant injustice.

The complaint

1. The complainant, Mr X, complains that the Council acted unfairly and with bias in investigating his complaint about the actions of a social worker.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council about the actions of a social worker during a risk assessment relating to his family. He says the social worker suggested that his wife divorce him, and that she should report instances of domestic abuse.
6. The Council’s complaint response indicated that it investigated the complaint by speaking to the social worker, who denied making the comments, and examining its files. Mr X says he has given the Council the details of three witnesses, who he describes as independent. He says the fact that the Council did not interview the witnesses shows that it acted with bias against him.
7. There are insufficient grounds for the Ombudsman to investigate this complaint. It is not a good use of our resources to investigate complaints about complaint-handling and we will not normally do so. In this case, the Council’s actions appear proportionate to the allegation. we cannot say that the alleged fault in how the Council responded led to an outcome which would not otherwise have been the case, thereby causing Mr X a significant injustice. Our intervention is not therefore warranted.

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Final decision

8. We will not investigate Mr X’s complaint because we cannot say that the alleged fault on the Council’s part caused him a significant injustice.

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Investigator's decision on behalf of the Ombudsman