Summary: We will not investigate this complaint about Council’s alleged failure to follow its own process when it suspended Mr X’s carer’s allowance following a safeguarding referral. This is because we would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the Council failed to follow the correct process when following a safeguarding referral it suspended payments he was receiving for caring for vulnerable adults.
2. Mr X complained the Council’s actions caused him financial loss and emotional distress.

Back to top

The Ombudsman’s role and powers

3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X cared for several vulnerable adults as part of a Council scheme.
7. The Council received a safeguarding referral from one of the service users and removed all the adults from Mr X’s care whilst it carried out an investigation into the information it had received.
8. After carrying out a review of each of the service user’s care and support needs, the Council found Mr X was no longer able to meet their needs. The Council wrote to Mr X to tell him this and terminated the placement. In line with the terms of Mr X’s carer’s contract, the Council gave him 8 weeks’ notice of the termination.
9. Mr X wants us to find the Council at fault for suspending the placement and stopping his payments. The carer’s contract dictates the Council can terminate the contract if the service user’s needs are not being met. The evidence shows the Council served notice in line with the contract and continued to make payments to Mr X until his contract with the Council ended.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because we would be unlike to find fault with the Council’s actions.

Back to top

Investigator's decision on behalf of the Ombudsman