Summary: We will not investigate this complaint about the way the Council considered concerns reported by the complainant in line with its safeguarding procedures. There is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complains the Council did not properly consider his needs when a different council referred him for an assessment. He also complains about the way the Council considered reports of risk of harm to him when he moved to temporary accommodation. Mr X says the Council’s refusal to assess his needs properly caused him to feel low in mood and impacted on his wellbeing. Mr X wants the Council to properly assess him and provide support to improve his wellbeing.

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The Ombudsman’s role and powers

2. 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
• any fault has not caused injustice to the person who complained, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.
• (Local Government Act 1974, section 24A(6), section 34(B))

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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 considered Mr X’s needs in line with the terms of the Care Act 2014. It assessed him and said he did not have any assessed eligible needs and so it could not provide him with adult social care and support.
6. If Mr X wants to complain about the outcome of the Council’s adult social care assessment he is entitled to do so. This is in line with the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009. He can then complain to us.
7. The Council responded to a safeguarding referral relating to risk of harm Mr X had reported. The Council considered the referral in line with its safeguarding procedures. The Council organised a multi-agency meeting and discussed the report with other professionals including the housing team and the mental health team. The Council considered whether the threshold for a section 42 enquiry had been meant.
8. A Section 42 enquiry is a formal duty carried out by a council under Section 42 of the Care Act 2014 to decide if an adult needs protection from abuse or neglect.
9. The Council said the risks reported by Mr X was checked by the relevant team who found there was no evidence to support a current risk to Mr X. The Council found Mr X had longstanding difficulties with low mood which resulted in him contacting multiple services to report his feelings. It said discussions always reverted to Mr X’s concerns about his housing situation. The Council decided the threshold for a section 42 enquiry was not met and closed the safeguarding process. The Council was entitled to do this.
10. We will not investigate Mr X’s complaint about the way the Council considered the risks reported by Mr X under in line with its safeguarding procedures. There is not enough evidence of fault to justify investigating.

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Final decision

11. We will not investigate Mr X’s complaint about the Council’s the way the Council followed its safeguarding procedures. There is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman