Summary: We will not investigate this complaint about assault by an adult supported by adult social services. This is because there is not enough evidence the Council caused Mr B’s injustice. The Council is not responsible for the actions of the adult to who it provides care support. There is no evidence there was fault in the support the Council provided to the vulnerable adult.

The complaint

1. Mr B says while out shopping with his young child (X) an adult (Y) receiving care support from the Council assaulted X in their pushchair. Mr B feels the care workers were not adequately supervising Y. Luckily X was not hurt, but Mr B and his wife are distressed by the incident. Mr B has experienced panic attacks and has had counselling.

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The Ombudsman’s role and powers

2. 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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council is responsible for meeting Y’s care and support needs, and does so by employing a care agency, Affinity Trust (the Care Provider). We cannot share details about Y’s care and support plan.
6. Y was out shopping with two care workers from Affinity Trust when Y suddenly started to hit out at X in the pushchair. X was not hurt as was cushioned by thick material.
7. I understand how distressing this was for X’s parents, it has impacted on their mental health and no longer feeling safe in the community. That injustice is caused by Y’s actions rather than through any evidence of fault by the Council. The Council and Care Provider are not responsible for the choices Y makes. Mr B has correctly reported the assault to the Police, as it is a criminal matter.
8. Following the incident, the Care Provider reviewed Y’s care plan and made any necessary changes.

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Final decision

9. We will not investigate Mr B’s complaint because there is not enough evidence of fault causing injustice to justify investigating. The injustice is caused by the actions of a third party rather than the actions of the Council, and we have no powers to investigate Y.

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Investigator's decision on behalf of the Ombudsman