The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council refusing to share information about Mr X’s mother-in-law and about failure to complete appropriate safeguarding enquiries. This is because there is insufficient evidence of fault to justify an investigation.
The complaint
Mr X complains the Council has refused to share information about his mother-in-law with him and her family. He also complains the Council failed to complete appropriate safeguarding enquiries when they raised concerns.
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 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
In 2021, the Council was told of safeguarding concerns about Mr X’s mother-in-law, Ms P. The Council completed safeguarding enquiries and records showed the Council assessed Ms P as having capacity to decide her financial affairs.
The Council did not share any details of its safeguarding enquiries or outcomes with Ms P’s family. This is because Ms P had made it clear she did not want information regarding the safeguarding to be shared with her family and Ms P was assessed as having capacity to make this decision.
The Council received another safeguarding referral in 2022. Mr X considers the Council’s safeguarding enquiries were inadequate as it did not gather evidence from the family. However, the records showed the Council did contact Mr X to request evidence to assist the safeguarding enquiries.
The records showed the Council assessed Ms P as lacking the capacity to decide what information to share with her family. Therefore, the Council made a best interest decision for Ms P, which was for limited information to be shared with her family. There is evidence the Council appointed an independent advocate for Ms P to ensure her wishes and feelings were considered before making the best interest decision. As the best interest decision was made properly, the decision must stand, and we cannot criticise or overturn this.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman