The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s delay in assessing Miss Y’s needs to facilitate a planned move of accommodation. The Council has accepted fault and proposed a personal remedy and service improvements via its internal complaint process, and investigation by us would not achieve a more meaningful outcome.
The complaint
Mr X complained the Council failed to safeguard his daughter, Miss Y, by not properly planning and assessing her needs when she expressed a wish to move into supported living. Mr X said Miss Y instead had to move in an emergency situation 18 months later. Mr X said because the move was not planned, the placement was inappropriate and Miss Y suffered abuse. He said the matter caused significant distress for the family. He wanted the Council to review its procedures and make service improvements. He also wanted the responsible staff to be struck off the social work register.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide: we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss Y lived with her parents. She expressed a wish to move into a supported living placement. However, a move did not take place until 18 months later. The accommodation Miss Y moved to was an emergency placement. Mr X says the accommodation was unsuitable for Miss Y, and the other people living there posed a risk to her.
The Council had not issued a final complaint response when Mr X brought the matter to our attention. However, it has now done so. The Council largely upheld Mr X’s complaint. It said its actions led to gaps and missed opportunities. It said it delayed responding to the deteriorating home situation, and therefore did not consider the suitability of the accommodation in as much detail as it otherwise could have. It said it had exhibited a lack of urgency in responding to safeguarding concerns raised when Miss Y had lived in its area.
The Council, in its complaint response, took accountability for the distress Miss Y and her parents experienced due to the above faults. It set out how it proposed to learn from what happened in this case. It offered them effective apologies and symbolic payments.
I do not believe further investigation by us would lead to a different outcome. We cannot make recommendations in relation to employment or registration status of social workers, and should Mr X wish to pursue this it is open to him to contact Social Work England . The Council’s apologies and offer of a symbolic remedy were in line with our Guidance on Remedies . This guidance says “Where we decide it is appropriate, we will normally recommend a remedy payment for distress of up to £500. We can recommend higher payments to remedy distress where we decide it was especially severe and/or prolonged and/or taking account of personal vulnerability of those affected”.
Mr X says the Council’s final complaint response did not adequately address his concern the Council had failed in its safeguarding duties. The Council accepted fault in its actions when Miss Y lived in its area. After she had moved into the emergency accommodation, another local authority became responsible for making safeguarding enquiries because the accommodation was in its area. The Council passed on the relevant information to the other local authority. It is open to Mr X to complain about the other local authority should he have concerns about how it responded to those referrals. Further investigation by us, under this complaint reference, would not lead to a different outcome.
Final decision
We will not investigate Mr X’s complaint because further investigation by us would not lead to a different, more meaningful outcome. The Council has provided a suitable remedy for the injustice caused by its actions, via its internal complaint process.
Investigator's decision on behalf of the Ombudsman