Summary: We will not investigate Miss X’s complaint about a children services’ officer’s conduct. Social Work England and the Information Commissioner’s Office are better placed to consider her allegations.

The complaint

1. Miss X complains about the actions of a children services’ 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 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))
3. 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)

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How I considered this complaint

4. I considered information provided by Miss X and the Council’s responses to her.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X says a Council children services social worker shared information about her family to third parties without her consent. She says the officer provided false and misleading information. She says the officer has humiliated Miss X and delayed her child’s health care. Miss X says the officer has turned other professionals against her and her family.
7. The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Our role is to investigate the actions of the Council as a corporate body, not to hold a single officer accountable. Miss X’s complains about the professionalism and integrity of an individual social worker. It is reasonable to expect her to report her concerns to their professional body, Social Work England (SWE).
8. The Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes disclosing information to third parties without consent and holding or passing on inaccurate information. The ICO is better placed to consider Miss X’s complaint about this particularly because her complaint involves child protection for which there are complex legal exemptions.

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Final decision

9. We will not investigate Miss X’s complaint because SWE and the ICO are better placed.

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Investigator's decision on behalf of the Ombudsman