The Ombudsman's final decision
Summary: Mrs X complained the Council failed to involve her in a safeguarding enquiry where she was the alleged perpetrator. I ended this investigation because the Council has not had the opportunity to investigate and respond to Mrs X’s complaint and it is best placed to do so.
The complaint
Mrs X complains the Council failed to give her the opportunity to respond to allegations made about her as part of a safeguarding enquiry and then failed to inform her of the outcome. Mrs X says this left her feeling distressed.
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 another body better placed to consider this complaint, it would be reasonable for the person to ask for an organisation review or appeal.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I spoke to Mrs X about her complaint and considered information she provided.
I considered information from the Council.
Mrs X and the Council had the opportunity to comment on the draft decision. I considered comments before I made a final decision.
What I found
Mrs X lived with her husband Mr Y who has significant care needs and receives care and support from carers funded by the NHS.
In 2021 the Council received a safeguarding referral which raised concerns about how Mrs X was treating Mr Y. Records show the Council carried out a safeguarding enquiry and the police also became involved. Records show the Council closed its enquiry towards the end of 2021 after Mr Y moved out of the family home to a different location.
Mrs X complained to us. She complained the Council failed to inform her about the safeguarding enquiry and failed to give her the opportunity to respond to allegations. Mrs X said the Council also failed to inform her of the outcome.
Records show the Council has not had the opportunity to respond to Mrs X’s complaints. We would usually expect complainants to exhaust a council’s complaints procedure before coming to us. The Council is best placed to respond to Mrs X’s concerns in the first instance and it has agreed it will do so. For these reasons I ended this investigation.
It is open for Mrs X to complain to us again if she remains dissatisfied at the conclusion of the Council’s complaints procedure.
Final decision
I ended this investigation because the Council has not had the opportunity to investigate and respond to Mrs X’s complaint and it is best placed to do so.
Investigator's decision on behalf of the Ombudsman