The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to start a safeguarding investigation. This is because there is no evidence of fault by the Council.
The complaint
Mrs X complains the Council started a safeguarding investigation against her because she failed to answer her phone. Mrs X says the investigation caused her and her family significant distress.
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
The Council started opened a safeguarding investigation into Mrs X because she refused to accept care for her daughter and would not tell the Council what alternative care she was putting in place. The Council did not open a safeguarding investigation because Mrs X failed to answer her phone.
The Council is entitled to start a safeguarding investigation where it has concerns about a vulnerable adult, in this case Mrs X’s daughter, especially when care has been withdrawn. Therefore it is unlikely we would find fault with the actions of the Council and we will not investigate this complaint.
Final decision
We will not investigate Mrs X’s complaint because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman