Summary: We will not investigate this complaint about the Council’s involvement in Mrs X’s family’s case. There is insufficient evidence of fault in the Council’s actions to justify investigation.

The complaint

1. Mrs X complained the Council interrogated and harassed her and took advantage of her adult children’s vulnerability and naivety. She says the Council defamed her character, and these events led to breakup of the family and significant distress. She wants the Council to give its staff disability awareness training.

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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. (Local Government Act 1974, section 24A(6), as amended, 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. When concerns are raised about a vulnerable adult, councils have a duty to make appropriate enquiries. Mrs X says the Council interrogated and harassed her after a professional misunderstood information from her adult child. However, there is no evidence of fault in the Council’s actions. It is naturally stressful for a family when concerns are raised about them and investigated. However, this does not mean it is fault for a council to make enquiries into the matter, and we would be critical of a council that did not do so.
6. Mrs X’s complaint included concerns about the manner in which her adult child was taken to a place of safety. The Council also declined to consider her complaint on behalf of her adult children because it did not have their consent to do so. Mrs X raises concerns about her children’s naivety, however they are adults with mental capacity to make their own decisions and there is no evidence of fault in the Council’s actions. I am satisfied it properly considered the circumstances and acted in line with the law based on the information it had.

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Final decision

7. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman