Summary: We will not investigate Mr X’s complaint about the Council’s decision not to carry out safeguarding enquiries. This is because there is insufficient evidence of fault in the way the Council made its decision not to start a safeguarding enquiry.

The complaint

1. Mr X complains the Council refused to carry out Section 42 safeguarding enquiries even though he has made several self-referrals alleging his NHS trust have withdrawn treatment.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X made a safeguarding referral to the Council. In his referral, he raised concerns that his NHS trust had withdrawn services and treatment. Mr X’s view is this amounted to abuse and neglect.
7. The Council considered Mr X’s referral but decided it did not meet the threshold required to start Section 42 safeguarding enquiries. This was because the Council was satisfied there was no reasonable cause to suspect Mr X was experiencing, or was at risk, of abuse and neglect. The Council decided instead to address Mr X’s concerns as a complaint.
8. It is for the Council to decide whether to complete section 42 safeguarding enquiries. In this case, the Council has evidenced its consideration of Mr X’s referral and outlined its reasons for why it did not consider the threshold for an enquiry was met. Therefore, an investigation is not justified as we cannot find fault with a decision properly made.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the way the Council made its decision not to start a safeguarding enquiry.

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Investigator's decision on behalf of the Ombudsman