Summary: We will not investigate this complaint about the Council’s handling of safeguarding concerns because there is not enough evidence of fault.

The complaint

1. Ms X is unhappy with the Council’s handling of safeguarding concerns raised on behalf of her mother Mrs Y. She is also unhappy with its complaint handling.

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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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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)

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How I considered this complaint

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

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My assessment

6. The Council commissioned a care placement for Mrs Y in rented housing with extra care. The Council is responsible for the placement and the care package. The care provider addresses complaints on the Council’s behalf.
7. Ms X complained to the provider it had failed to respond to Mrs Y’s emergency alarm. She had to check on Mrs Y herself. I note Mrs Y had not suffered any harm. The provider explained its housing service directed alarm calls to emergency services or next of kin. It was not part of the package of care to respond to emergencies. There is not enough evidence of fault to justify an investigation by us and any injustice suffered is not significant enough to justify our involvement.
8. Ms X complained a carer reported Mrs Y had unexplained bruising to her GP but did not report this to social services. I note it was later found there was an explanation for the bruising that was not of concern. The provider explained it did not meet the threshold for a safeguarding referral to social services. I cannot question the provider’s judgement and there is not enough evidence of fault in its decision making. Further, any injustice suffered is not significant enough to justify our involvement.
9. Ms X complained the provider refused to accept delivery of medication to its office or allow entry to Mrs Y’s flat for delivery. I note Ms X then arranged to take delivery herself. The provider explained it was not responsible for taking delivery of medicine and it could not allow third party access to Mrs Y’s flat. There is not enough evidence of fault to justify an investigation by us and any injustice suffered is not significant enough to justify our involvement.
10. It is not a proportionate use of our resources to investigate complaint handling when we are not investigating the substantive matters.

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Final decision

11. We will not investigate Ms X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman