Summary: We will not investigate this complaint about adult safeguarding. The Council has placed the complaint on hold whilst it takes safeguarding action. The Council should complete safeguarding procedures and provide a complaint response before we consider it.

The complaint

1. Ms X complained on behalf of her relative, Mr Y. She said the Council had failed to take safeguarding action to protect Mr Y from financial abuse and coercive control after both she, and the Police reported concerns. She said the Council had failed to respond to her complaints about the matter.
2. Ms X said the Council’s actions had resulted in Mr Y being unable to pay his council tax and sustaining injuries. She wants the Council to respond to her complaint and take action to safeguard Mr Y.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply (Local Government Act 1974, section 26(5))
4. 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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

7. We will not investigate this complaint about the Council’s failure to safeguard Mr Y. That is because the Council is still considering the concerns raised under safeguarding procedures. The safeguarding concerns are also under Police consideration. Once these matters have concluded and the Council has provided a response to the complaint, Ms X, can return her complaint to the Ombudsman if she is unhappy with the Council’s response.

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Final decision

8. We will not investigate Ms X’s complaint because it is appropriate for the Council to conclude adult safeguarding procedures and respond to Ms X’s complaint before we investigate it.

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Investigator's decision on behalf of the Ombudsman