Summary: We will not investigate this complaint the Care Provider contacted the Police following an incident. There is not enough of fault to justify our involvement.

The complaint

1. Mr X complained about his Care Provider’s decision to report him to the Police following an incident. He said that caused a mental health crisis. He wants the Council to move him to an alternative placement.

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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, 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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In its complaint response the Council explained the Care Provider called the Police because of Mr X’s behaviour. Although Mr X is not happy with that decision, that was a decision the Care Provider was entitled to make. There is not enough evidence of fault to justify our involvement.
6. Following the incident, the Council met with Mr X to speak about how he could help prevent a similar incident happening again. It also reviewed his Care Plan. The Council has responded correctly to the incident. It is satisfied the Care Provider can meet his needs. Further investigation by the Ombudsman would not lead to a different outcome.

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Final decision

7. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman