Summary: We will not investigate this complaint about the Council’s lack of support to Mr B. This is because further investigation by the Ombudsman could not add to the Council’s response or make a different finding.

The complaint

1. Mr B complained the Council failed to support him when he was threatened and abused by others in a charitable organisation he used to attend but has been removed from. Mr B says he wants the Council to look into the abuse he has suffered and ensure his review Care Plan includes all the amendments and differences he has told them about. Mr B says he has been thrown out of three different charities and wants the Council to find him an organisation which will actually help and accept him.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council says it was unsuccessful in contacting the charity Mr B attended and it has not shared the outcome of its internal investigation. We cannot investigate a charity and the Council has tried to contact it to find out what happened, but it has not responded. We could achieve no more.
6. Mr B says the Council should investigate the threats to kill and abuse he has suffered. The police consider cases of threats and although it was initially involved in Mr B’s complaint it has advised it cannot investigate further. Threats to kill are a police matter and not one the Council or the Ombudsman can consider.
7. Mr B says it has taken the Council over four months to complete his review plan and it still contains wrong information. Mr B can ask the Council to put a copy of his views which highlight the errors and what he wants to add to his plan to lie on his file.

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Final decision

8. We will not investigate Mr B’s complaint because we could not add to the Council’s response or make a different finding even if we investigated.

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Investigator's decision on behalf of the Ombudsman