The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about how the Council dealt with his safeguarding concerns about his brother. This is because there is not enough evidence of fault.
The complaint
Mr X complains the Council are not acting on his safeguarding concerns about his brother, Mr Y. Mr X worries about Mr Y’s safety and wellbeing. Mr X says the Council should carry out a Care Act Assessment of Mr Y to support him with personal care and managing his 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 there is not enough evidence of fault to justify investigating (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
Mr X has made several safeguarding referrals to the Council about Mr Y. Mr X is concerned about people visiting Mr Y and using his home for illegal activities. He is also concerned that Mr Y cannot care for himself and says the Council should complete a Care Act Assessment of Mr Y.
The Council met with Mr X and Mr Y in April. It says Mr Y said he did not want safeguarding concerns raised without his consent and he did not want an assessment. It also says he understood the potential risks of his decisions.
I will not investigate this complaint. While the Council recognised Mr X’s concerns it cannot carry out an assessment without consent. If the Council followed its process correctly, we cannot question that decision even if a complainant disagrees with the decision made. The Council will carry out an assessment if Mr Y changes his mind.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman