Summary: Mr X complained a social worker told lies about him and a relative. We will not investigate the complaint because an investigation is unlikely to find fault with the Council or achieve what Mr X wants.

The complaint

1. Mr X complained that a social worker told lies about him and a relative. He said this had a damaging effect on his health and caused avoidable stress for him, his relative and his partner. Mr X wanted the Council to acknowledge the social worker told lies and find out the real reason for a care provider ending its service, rather than blaming this on Mr X.

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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 not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

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

3. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. The complainant had an opportunity to comment on a draft version of this decision.

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My assessment

7. Mr X complained a Council social worker told lies about why a care provider that provided services on behalf of the Council and NHS had withdrawn from providing care. The Council said its social worker simply repeated to Mr X the reasons the care provider had given to the Council for withdrawing.
8. It is more likely than not that the Council simply told Mr X what the care provider had told it of its reasons for stopping care provision. This would not be fault by the Council.
9. An investigation by the Ombudsman is unlikely to find fault by the Council or achieve what Mr X wants.

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Final decision

10. We will not investigate this complaint. This is because an investigation is unlikely to find fault by the Council or achieve Mr X’s desired outcomes.

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Investigator's decision on behalf of the Ombudsman