The Ombudsman's final decision
Summary: We have completed our investigation. There is no fault in how the Council dealt with Miss X’s allegation of abuse.
The complaint
Miss X complains that the Council has failed in its duty of care to protect her from abuse. She also says the Council expects her to provide care and support to her partner, despite her being unwilling to continue to do so.
As a result, Miss X says she is trapped in a situation which puts her own health and wellbeing at risk.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended) We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended) If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I considered the complaint.
I made written enquiries of the Council and considered its response along with relevant law and guidance.
Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Due to the sensitive nature of the subject and the third-party information provided by the Council which I cannot share with Miss X, I have not included any details beyond those necessary to understand my decision.
Miss X told the Council she was at risk in her home from her partner.
The Council’s records show it discussed this with Miss X. It gave her the opportunity to make any disclosures in private. The Council followed up with Miss X the following day. Miss X then denied making the allegations. She instead talked about historic abuse she had experienced.
There is no fault in how the Council dealt with Miss X’s allegations of abuse. The Council investigated Miss X’s allegations and liaised with her GP and other services. It offered Miss X advice and support about her mental health and housing.
Miss X also says that the Council is requiring her to act as a carer for her partner. She says she is not willing and able to do so.
In response to my enquiries, the Council provided evidence that Miss X’s partner has no care and support needs which would require Miss X to act as a carer.
Therefore, there is no fault in how the Council considered if Miss X was a carer.
Final decision
I have completed my investigation. The Council is not at fault.
Investigator's decision on behalf of the Ombudsman