The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s handling of safeguarding concerns she raised about one of her mother’s carers. This is because there is insufficient evidence of fault.
The complaint
Miss X complains about the Council’s handling of safeguarding concerns she raised about one of her mother’s carers.
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 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)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
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 X raised safeguarding concerns regarding one of her mother, Mrs Z’s, carers. Miss X raised concerns the carer was financially and emotionally abusing Mrs Z.
The Council opened a safeguarding enquiry to investigate the concerns. As part of its investigation, the Council spoke to and gathered evidence from: Miss X.
Miss X’s mother Miss X’s power of attorney.
Other carers Following its investigation, the Council was satisfied there was insufficient evidence to substantiate the concerns and closed the case.
The Council has a duty to make enquiries if it has reason to suspect an adult who has care and support needs is, or is at risk of, being abused or neglected and unable to protect themselves against the abuse or neglect or risk of it because of those needs. In this, the Council appropriately conducted enquiries to gather information to decide if the Council, or another organisation, should do something to protect Mrs Z. Following its enquiries, the Council was satisfied there as insufficient evidence to support Miss X’s concerns.
Therefore, an investigation is not justified as we are not likely to find fault as the Council has acted in line with its duties. We cannot find fault with the decision to close the safeguarding because the Council made its decision properly by appropriately considering all relevant evidence.
Final decision
We will not investigate Miss X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman