Summary: We will not investigate this complaint about the actions of a social worker and the Council’s subsequent response. This is because investigation would not lead to a different outcome.

The complaint

1. The complainant, Mrs X, complains that the Council’s social worker was at fault when carrying out an assessment of her family, and that the Council’s response to her subsequent complaint was inadequate.

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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 investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. The Council received a referral concerning Mrs X’s family from a third party. It decided that the referral merited an assessment of the family, which was carried out by a social worker.
6. Mrs X complains that the social worker was at fault in carrying out the assessment, and that the assessment report contained errors and false information. She says the social worker’s actions caused her family considerable distress. She complained to the Council.
7. The Council upheld her complaint in part. It apologised to her and agreed to make corrections to the assessment report. Mrs X is not satisfied with the response, which she says does not reflect the seriousness of the complaint or address the social worker’s fitness to practice.
8. The Ombudsman will not investigate this complaint because investigation would not lead to a different outcome. The Council has apologised for errors in the content of the assessment report and agreed to make changes. We would not normally ask a council to make changes to the content of its records. However, the Council has done so in this case. It Mrs X believes the assessment report still contains false information it is open to her to pursue her legal right to rectification.
9. We can take no view on whether the Council’s social worker met professional standards. We look at organisational fault, not individual professional competence. Complaints of this nature should be referred to the social workers’ professional body, Social Work England. There is no role for the Ombudsman.

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Final decision

10. We will not investigate Mrs X’s complaint because investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman