Summary: We will not investigate Miss X’s complaint about the actions of a day centre owner and about the Council’s response to her concerns about him. This is because there is no sign of fault by the Council and there is nothing further we could add to the response the Council has already provided via its own investigation.

The complaint

1. The complainant, whom I shall call Miss X, complains about the actions of the owner of a day centre for people with learning disabilities and about the Council’s failure to properly respond to her concerns about him.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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,
• we could not add to any previous investigation by the organisation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X raised concerns to the Council about the actions of the owner of a day centre for people with learning disabilities. Miss X’s concerns mainly related to serious allegations of criminal activity by the owner. Miss X told the Council she has evidence to support all her claims.
7. In response to Miss X’s concerns, the Council began a Quality Assurance Process with the provider, which remains ongoing. It also carried out planned and unannounced checks. This found no evidence of the concerns Miss X raised. The Council confirmed the provision was not Council owned and the person Miss X was raising concerns about was not a Council employee, however it considered Miss X’s concerns via its role in safeguarding vulnerable adults and ensuring such provisions are appropriately run.
8. The Council explained it could not take any further action unless Miss X was able to provide specific details of her allegations, plus any supporting evidence for her claims. It also explained it could not consider the allegations of crime Miss X made as this is a matter for the police.
9. Miss X says she has raised her concerns to the police but it has not taken any action.
10. There is no sign of fault by the Council here. It considered Miss X’s concerns and has taken suitable action in response, as set out above. It has explained to Miss X that without her providing the evidence she says she has to support her claims there is no further action it can currently take.
11. The crux of Miss X’s concerns are about criminal acts which is a matter for the police rather than the Council or the Ombudsman. We cannot consider complaints about crime as it is a matter for the police to investigate and ultimately the courts to consider and decide. If Miss X wishes to provide the Council with the evidence she has to support her concerns then the Council will be able to consider it, where it does not relate to crime
12. The Council has clearly explained how the matter can be progressed further, should Miss X wish, and there is nothing further we could add to the Council’s response to date on this matter were we to investigate.

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Final decision

13. We will not investigate Miss X’s complaint because there is no sign of fault by the Council and an investigation by this office would not be able to add to the response the Council has already provided via its own investigation.

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Investigator's decision on behalf of the Ombudsman