The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to investigate Mr X’s complaint until it has concluded adult safeguarding enquiries. That is because there is insufficient evidence of fault to justify our involvement.
The complaint
Mr X complained about the Council’s decision to take safeguarding action against him. He said that has meant he cannot see a relative he cared for. He wants the Council to apologise.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council is in the process of completing adult safeguarding enquiries in relation to the care Mr X provides a relative. Mr X complained to the Council about the safeguarding enquiries. He said the Council had made accusations against him without evidence.
The Council wrote to Mr X and said it could not consider his complaint whilst the safeguarding enquiries were ongoing. It told Mr X he could complain once it had concluded its enquiries. Mr X was unhappy with that response and complained to the Ombudsman.
We will not investigate this complaint as there is insufficient evidence of fault in the Council’s actions. We would not expect it to consider Mr X’s complaint until the safeguarding enquiries are complete. It has confirmed it will do this. Following that, if Mr X remains unhappy about how the Council has considered his complaint he can return to the Ombudsman.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman