Summary: We will not investigate this complaint about the Council’s actions in a safeguarding report. This is because there is no worthwhile outcome achievable by us investigating and we cannot achieve the outcomes Mr X is seeking.

The complaint

1. Mr X complained the Council failed to act when he contacted them with concerns his mother, as his appointee, had been claiming a Personal Independence Payment on his behalf. He says he told them she was placing this into an account he did not have access to, had used money from this account and had been doing so without his knowledge.

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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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

3. When we find fault, we can recommend remedies for significant personal injustice, or to prevent future injustice, caused by that fault. We look at organisational fault, not individual professional competence. Decisions about individual’s fitness to practise or work are for the organisations concerned, and for professional regulators, not the Ombudsman. (Local Government Act 1974, s26(1) and s26A(1) as amended)

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How I considered this complaint

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

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My assessment

6. Mr X contacted the Council and told it that his mother had been claiming a Personal Independence Payment for years without his knowledge. He was concerned the Council had chosen to investigate other reports made about him but has not acted on the concerns he has raised. Mr X complained to the Council about how it was handling matters and explained he wanted to handle all financial matters himself.
7. Mr X is seeking punitive action to be taken against the Council, staff resignations, a criminal investigation and for legal representation for him to be arranged.
8. We will not investigate Mr X’s complaint. We cannot achieve the outcomes he is looking for. We cannot arrange for a criminal investigation to take place or a lawyer to take on his case. Similarly, it is not within our powers to make punitive remedies or make personnel decisions.

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Final decision

9. We will not investigate Mr X’s complaint because we cannot achieve the outcomes he is looking for.

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Investigator's decision on behalf of the Ombudsman