Durham County Council (23 012 045)
Category : Adult care services > Assessment and care plan
Decision : Closed after initial enquiries
Decision date : 04 Dec 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the actions of the Council regarding Mr X. This is because there is not enough evidence of fault to warrant an ombudsman investigation. Some of the matters have previously been considered by us and we cannot investigate the same matters again.
The complaint
- Mr X complained the Council refers to risk assessments which are incorrect and has refused to explain the legality of the risk assessment or provide him with a copy of it. Mr X says the police requested a Multi-Disciplinary Team (MDT) meeting, but the Council refused. Mr X says the Council has denied receiving safeguarding referrals for him. Mr X says the Council is corrupt and prejudice against him. He is distressed and wants a thorough investigation into his concerns, Mr X wants to see a copy of the risk assessment and wants an explanation of the legality of it.
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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), 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
- Mr X has recently complained to the Ombudsman. We considered his concerns including his views about the risk assessment, the legality of the risk assessment and Mr X’s views. We found no evidence of fault with this point and cannot consider the same matters again.
- The Council explained the police contacted it to ensure both it and the Council held accurate information about Mr X . The Council says both parties were satisfied they did not need to meet. The Council confirmed it has not received any safeguarding referrals about Mr X in the past two months. It explained although he contacted the safeguarding team when he was struggling at home, this was not a safeguarding matter. The Council has explained the situation and there is not enough evidence of fault with actions taken by the Council to warrant an ombudsman investigation.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant an ombudsman investigation.
Investigator's decision on behalf of the Ombudsman