Summary: We will not investigate this complaint about alleged lack of adult social care involvement with Mr Y. There is insufficient evidence of fault by the Council to justify investigation by the Ombudsman.

The complaint

1. Mr X complained to us as a third party, about the Council’s adult social care services’ involvement with Mr Y. Mr X is not representing Mr Y, but raised concerns about the impact of the Council’s alleged lack of support.
2. Mr X said the Council’s lack of intervention had constituted a breach of its duties under the Care Act, and had placed Mr Y and others at risk. Mr X said he had been put to significant inconvenience and had experienced significant stress and frustration. He wanted the Council to review its assessments and reconsider care and support arrangements for Mr Y.

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The Ombudsman’s role and powers

3. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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 complained to the Council, expressing concern it had not adequately assessed the needs of Mr Y, an adult within its area. Mr X said he had concerns about the safety of Mr Y and others. Mr X then brought his complaint to us.
7. I have considered evidence from the Council of its involvement in Mr Y’s case. Given Mr X’s relationship to Mr Y, both the Council and the Ombudsman cannot share information about Mr Y with Mr X. However, I am satisfied the Council properly considered the concerns Mr X raised and acted in line with the relevant legislation.
8. There is insufficient evidence of fault by the Council, and we will not therefore investigate this complaint further.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to warrant investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman