Summary: Mrs X complained the Council investigated her, her husband and her son-in-law following a safeguarding alert. The Ombudsman will not consider this complaint further as it is unlikely investigation would find fault. The Ombudsman cannot achieve the remedies Mrs X seeks.

The complaint

1. Mrs X complained on behalf of her husband, Mr Y and her son-in-law, Mr Z.
   Mrs X complained the Council investigated them as potential domestic abusers in response to a safeguarding alert about a family member, Ms B. Mrs X says this has been extremely distressing and has benefited Ms B unfairly.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

3. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about data rectification. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended).

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How I considered this complaint

4. I considered all the information Mrs X provided. I also considered the Council’s response to her. I have written to Mrs X with my draft decision and considered her comments.

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What I found

Council’s response to the safeguarding alert

5. In 2019 the Council received a safeguarding alert about Ms B. In response to the alert, the Council began safeguarding enquiries. Mrs X says this included recording and investigating its concerns she, Mr Y and Mr Z may be domestically abusing Ms B.
6. A council must make necessary enquiries if it has reason to think a person may be at risk of abuse or neglect and has needs for care and support which mean he or she cannot protect himself or herself. It must also decide whether it or another person or agency should take any action to protect the person from abuse or risk. (section 42, Care Act 2014)
7. There is no evidence of fault in the Council’s decision to make enquiries in response to the safeguarding alert, or its decision to record the allegations in
   Ms B’s health and care file.

Remedies

8. Mrs X wants her, Mr Y’s and Mr Z’s names removed from Ms B’s records. She wants details of Ms B’s capacity and for the Council to tell Ms B the truth to prevent further issues.
9. The Council says it is not willing to remove the names from Ms B’s records. It has, however, added notes to the file to record that the police investigation found no evidence to uphold the allegations and that Mrs X, Mr Y and Mr Z deny them.
   Mrs X is not satisfied with the Council’s actions. The Ombudsman cannot require a council to change records. The Information Commissioner’s Office (ICO) is the body best placed to deal with complaints about information inaccuracy and correction.
10. Details on individuals’ mental capacity are protected by the General Data Protection Regulation (GDPR). Ms B has not given consent for the Council to share her personal information with Mrs X, Mr Y or Mr Z. The Ombudsman cannot ask a council to release information protected under GDPR to other individuals. It is also open to Mrs X to raise this issue with the ICO.
11. The Ombudsman cannot make recommendations because we have not investigated this complaint. We cannot therefore ask the Council to explain matters in any particular way to Ms B as Mrs X requests.

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Final decision

12. The Ombudsman will not investigate this complaint. This is because there is insufficient evidence of fault and the Ombudsman cannot achieve the remedies Mrs X seeks.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman