Summary: We will not investigate Miss X’s complaint about the Council refusing to investigate her complaint. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Miss X complained the Council refused to investigate her complaint which involves an adult who is vulnerable. It caused Miss X distress and frustration. She wants the Council to provide her with an apology and investigate her complaint.

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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. (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 Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council responded to Miss X’s complaint. It told Miss X it would not investigate her complaint due to reasons associated with safeguarding concerns and the adult the complaint related to, had the mental capacity to raise any concerns themselves.
7. We have seen insufficient evidence of fault in the way the Council decided not to investigate Miss X's complaint. The Council considered whether it was appropriate to investigate the complaint, reached a decision not to do so and provided reasons for that decision. We are therefore unlikely to find fault in the Council's actions and will not investigate this complaint.
8. In any case, we do not normally investigate complaints about complaint handling as a standalone issue. This is because an investigation into the way a complaint was handled, without considering the underlying substantive matter, would not be a proportionate use of public money.

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Final decision

9. We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman