Summary: We will not investigate Miss X’s complaint about the professional conduct of a social worker as we would be unlikely to add to the Council’s own investigation. Further it would be reasonable to expect Miss X to report any concerns about conduct to Social Work England and any data concerns to the Information Commissioners Office who are better placed to consider those complaints.

The complaint

1. Miss X complained her assigned social worker was not dealing with her professionally and was preventing her case from progressing.
2. Miss X says this was causing her distress and uncertainty.
3. Miss X says she wants a new unbiased social worker.

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The Ombudsman’s role and powers

4. 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:

• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint,

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

5. 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

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

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My assessment

8. In September 2024 Miss X complained to the Council that her assigned social workers actions were discriminatory and unprofessional.
9. She said that her social worker was withholding information and documents, and this was preventing her case from progressing. The Information Commissioner’s Office (ICO) is better placed to consider complaints about data protection matters.
10. In its complaint response, the Council accepted that communication needed to improve. It said that it had not identified anything to suggest the social worker was not meeting professional standards. Further it said that any decisions were not solely that of the social worker and referrals had been made to Brighter Futures to support Miss X and her case.
11. The Council’s complaint response also suggested holding a meeting with an advocate to allow Miss X to raise any worries she had. It said the social worker had a good relationship with Miss X’s children and it did not want to change this.
12. The Council has investigated Miss X’s complaint and proposed actions to progress her case. The Ombudsman would be unlikely to add anything significant to its investigation.
13. The substantive part of Miss X’s complaint is about allegations of professional misconduct. Our role is to investigate the actions of the Council as a corporate body, not to hold a single officer accountable. It is reasonable to expect Miss X to report her concerns to their professional body, Social Work England.

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Final decision

14. We will not investigate Miss X’s complaint. We would be unlikely to add to the Council’s own investigations. And it would be reasonable for Miss X to report her concerns to Social Work England and the Information Commissioners Office who are better placed to consider her professionalism and data protection complaints.

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Investigator's decision on behalf of the Ombudsman