Nottinghamshire County Council (23 020 875)
Category : Adult care services > Other
Decision : Closed after initial enquiries
Decision date : 12 May 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council completed adult safeguarding enquiries. There is not enough evidence of fault to justify our involvement.
The complaint
- Mrs X complained about how the Council completed safeguarding enquiries about her, in her role as a Shared Lives Carer, for Ms Y. She said the Investigating Officer did not discuss the allegations with her and she disagrees with the outcome of its enquiries.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- A council must make enquiries if it thinks a person may be at risk of abuse or neglect and has care and support needs which mean the person cannot protect themselves. An enquiry is the action taken by a council in response to a concern about abuse or neglect.
- The Council received a safeguarding referral about how Mrs X was caring for Ms Y. The Council held a strategy meeting to discuss the concerns. It decided it needed to make safeguarding enquiries. The Shared Lives Service spoke to Mrs X during those enquiries.
- The Council decided, based on the balance of probabilities, that the concerns were substantiated. It wrote to Mrs X confirming this. Alongside this, the Council took steps to deregister Mrs X as a Shared Lives Carer.
- Mrs X is unhappy the Investigating Officer did not discuss the safeguarding concerns with her. It is for the Council to determine what information it needs as part of its enquiries. I have reviewed the steps the Council took following the safeguarding referral, including how it gathered and assessed information. There is no evidence of fault in the Council’s actions therefore we will not investigate this complaint.
Final decision
- We will not investigate Mrs X’s complaint because these it not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman