The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council handled a safeguarding alert Ms X raised about herself. There is not enough evidence of fault to justify an investigation. We cannot investigate Ms X’s complaint that the Council failed to appoint a specialist advocate because she has started legal proceedings.
The complaint
Ms X complains the Council failed to safeguard her when it did not intervene to prevent a mandatory appointment taking place with the Department of Work and Pensions (DWP). In a related matter, she also complains the Council made safeguarding action contingent on her having a care assessment.
Ms X also complains the Council failed to provide her with a specialist advocate.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has started court action about the matter they are complaining about. (Local Government Act 1974, section 26(6)(c), as amended) 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 or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The DWP requested Ms X attend an interview relating to her benefits. Ms X said this caused distress because of certain disabilities. She asked the Council to intervene because she felt it was a safeguarding issue. She later complained the Council delayed by 15 days in responding and would not accept it met the threshold for a safeguarding enquiry.
The Council considered Ms X’s referral and concluded it did not meet the threshold because there was no evidence of abuse to substantiate it. There is not enough evidence of fault to justify an investigation. As a result any delays did not cause Ms X a significant personal injustice.
In regard to Ms X’s complaint that the Council made safeguarding contingent on a care assessment, the evidence indicates the assessment was suggested as the officer thought this would provide weight to Ms X’s application for DWP benefits. Therefore, I have not seen enough evidence of fault to justify an investigation.
Ms X has started legal proceedings about the Council’s failure to provide a specialist advocate. Therefore, we are not allowed to investigate these matters.
Final decision
We will not investigate Ms X’s complaint because there is not enough evidence of fault or enough injustice to justify an investigation. We cannot investigate Ms X’s other complaint because she has started legal proceedings.
Investigator's decision on behalf of the Ombudsman