Summary: We will not investigate this complaint that the Council made a slanderous comment to the Department for Work and Pensions about the complainant. This is because there is insufficient evidence of fault by the Council and an on-going police investigation. In addition, we cannot investigate the Department for Work and Pensions.

The complaint

1. The complainant, whom I refer to as Ms X, says the Council made slanderous remarks to the Department for Work and Pensions (DWP) and called her a financial abuser. Ms X says the comment has affected her mental health and she wants an apology and compensation.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of the DWP. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

5. I read the complaint and the Council’s responses. I considered the email from the DWP. I invited Ms X to comment on a draft of this decision.

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What I found

What happened

6. The Council started a safeguarding investigation because it had concerns about the finances of Ms X’s uncle (Mr A). The Council contacted the police. The police started a criminal investigation involving Ms X. The outcome of the police investigation is not yet known.
7. The Council needed to protect Mr A’s finances. It contacted the DWP. The Council explained the safeguarding concerns and mentioned the police investigation. The DWP decided to appoint a third party to help Mr A manage his benefits.
8. The DWP wrote to Ms X’s mother. It explained the Council had asked the DWP to arrange an appointee. The email said that previously Mr A had no control over his benefits and it was alleged he had been the victim of financial abuse by his sister and niece.
9. Ms X complained to the Council that it had made slanderous remarks to the DWP about her. She strongly refuted all allegations of financial abuse and said nothing had been proved. She said the comments had affected her mental health and she wanted compensation.
10. In response the Council explained it had not written the email from the DWP. It suggested Ms X complain to the DWP. The Council explained it had told the DWP about the safeguarding concerns and police investigation, and had asked about setting up an appointee. It suggested Ms X contact her GP for support with her mental health.

Assessment

11. I will not start an investigation for the following reasons.
12. There is an on-going police investigation into the allegations of financial abuse. It would not be appropriate for us to investigate an issue which is the subject of a criminal investigation.
13. There is insufficient evidence of fault by the Council. The Council told the DWP there are safeguarding concerns and a police investigation. These statements are factually true so do not represent fault. The Council needed to share this information with the DWP so it could arrange an appointee for Mr A. It was the DWP, not the Council, which said Mr A had been the victim of financial abuse by his sister and niece. I cannot comment on statements made by the DWP as it is not part of the Council.
14. It is unfortunate that Ms X’s health has been affected by the DWP email. But, she already knew she was the subject of a police investigation and knew the Council had safeguarding concerns. In addition, the Council acted appropriately by suggesting she seek support from her doctor.

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Final decision

15. I will not start an investigation because there is insufficient evidence of fault by the Council, an on-going police investigation, and I cannot investigate the DWP.

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Investigator's decision on behalf of the Ombudsman