The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council investigated safeguarding concerns Miss X raised about her daughter’s care provider. This is because there is no evidence of fault in how the Council investigated her concerns.
The complaint
Miss X complains the Council failed to investigate her complaint about the care provider responsible for caring for her daughter.
Miss X says that she and her daughter have been caused significant distress as a result of the Council’s actions.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X’s daughter was placed in the Council’s area in part time residential care by another Council. The other Council is therefore responsible for the standard of care and service Miss X’s daughter receives. Miss X has raised a complaint about the other Council.
However Devon County Council is responsible for investigating safeguarding concerns raised about vulnerable people living in its area. The Council has investigated Miss X’s safeguarding concerns and addressed shortcomings it found in care and services being provided to her daughter by the care provider. Therefore there is no evidence of fault in the Council’s actions and so we will not investigate this complaint.
Final decision
We will not investigate Miss X’s complaint because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman