The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council handled an adult safeguarding enquiry. We could not achieve anything further by investigating the complaint. The outcome Mr X sought has been achieved as his wife has returned to live with him.
The complaint
Mr X complained the Council failed to listen to him or his wife (Mrs X) and did not communicate with him during an adult safeguarding enquiry. Mr X said the Council did not tell him anything about its involvement or why he could not see Mrs X, and kept her in a residential home against both their wishes.
Mr X said the matter caused him and his wife significant distress and impacted Mrs X’s freedom and family life. He wanted to be allowed to see Mrs X, and for her to return home or to a different care home.
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: further investigation would not lead to a different outcome, 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
The Council considered safeguarding concerns after Mrs X shared allegations relating to Mr X. Mr X complained to us about the matter and told us he was not being allowed contact with Mrs X. His requested outcome was to be able to have contact with Mrs X again and to either have her return home, or moved to a different care setting.
Mrs X has since returned home to live with Mr X. The Council noted Mrs X was happy to be home and did not have any concerns. The Council has closed its enquiries as the allegations were not substantiated.
Given that Mr X’s requested outcome has already been achieved, it is not proportionate to consider the matter further.
Final decision
We will not investigate Mr X’s complaint because his requested outcome has already been achieved and we could not provide a more meaningful outcome.
Investigator's decision on behalf of the Ombudsman