The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s adult safeguarding enquiries. That is because there is insufficient evidence of fault.
The complaint
Ms X complained the Council did not properly investigate safeguarding concerns she raised in relation to her mother’s, Mrs Y’s care. Ms X believes other family members are controlling Mrs Y and restricting her contact with the wider family. She wants the Council to reopen the enquiries.
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, or any fault has not caused injustice to the person who complained.
(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 the Council’s response to Ms X’s complaint, it confirmed that after receiving her safeguarding concerns, it met with Mrs Y. It said Mrs Y had capacity around her care and support, and her relationship choices. It said it was satisfied that Mrs Y was not at risk of harm and it had concluded its enquiries.
Although Ms X is unhappy with the Council’s response, we will not investigate this complaint. That is because there is insufficient evidence of fault in how the Council responded to the safeguarding concerns. In addition, the Council’s actions have not caused Ms X a significant injustice and she does not have consent to complain on Ms Y’s behalf.
Final decision
We will not investigate Ms X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman