Summary: The Ombudsman will not investigate this complaint about a visit the complainant received from social services and the police. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, says the Council racially discriminated against her when it visited after it received a malicious phone call. Mrs X wants a judicial review and compensation for any financial loss.

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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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint, the Council’s responses, and the safeguarding notes. I considered comments Mrs X made in reply to a draft of this decision.

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What I found

What happened

4. Mrs X lives with her husband, son and a friend (Mr Y). Mr Y has health problems and Mrs X provides care and support.
5. The Council received a report that Mr Y was at risk. The report included serious allegations about Mr Y’s health and well-being. The Council arranged an immediate visit, accompanied by a police officer, to check on Mr Y’s safety. After carrying out an investigation the Council decided Mr Y is not at risk. The Council did not take any further action.
6. Mrs X complained to the Council. She said she had been devastated by the visit. She said it was the result of a malicious phone call. She said she was targeted because she is black and was treated badly because she is black. Mrs X said an officer had told her to back off during the visit.
7. In response the Council apologised for any distress the visit had caused but explained it has a statutory duty to investigate any safeguarding concerns it receives. It said it is normal practice to visit in pairs and to be accompanied by the police. It denied any racial discrimination and said that, prior to the visit, it had not known the race of anyone involved. It said the officer had asked Mrs X to move back to maintain social distance due to COVID-19. Mrs X denies this was the reason because they were wearing PPE.
8. Mrs X is dissatisfied with the response. She maintains the Council has racially discriminated against her and complains about the way the Council treated her. Mrs X says a visit could have been avoided if the Council had made some basic enquiries. She is now on medication and is considering moving because the neighbours saw what happened.

Assessment

9. I will not start an investigation because there is insufficient evidence of fault by the Council. Mrs X found the visit distressing but, having received the report suggesting Mr Y was at risk, the Council had a duty to visit and investigate the allegation. This duty including meeting Mr Y to check he was safe and well. The Council would have failed in its duty if it had not investigated and, the outcome from those investigations, is that Mr Y is not at risk.
10. Mrs X says the Council acted on an unsubstantiated phone call. In some respects that is correct – but the reason the Council visited was to check if there was any merit to the allegation. And, the Council had access to other records concerning Mr Y which showed he might be vulnerable. Mrs X is unhappy the police were involved but the nature of the allegations meant the police had to be involved and the outcome of a risk assessment was that police should attend. Mrs X found this distressing but it is not a reflection of fault.
11. I have read the notes and there is no suggestion of racial discrimination and the initial report did not contain any information about the race of the people involved. I have not seen anything to suggest the Council treated Mrs X badly, as she alleges. The officers explained they were there to check of Mr Y’s well-being, they asked to speak to Mr Y alone, and they noted Mrs X’s comments about the visit and how she cares for Mr Y. I appreciate Mrs X found the visit upsetting but there is nothing to suggest fault in the way it was conducted.
12. It is unfortunate that Mrs X has felt so upset and is worried about how the neighbours have reacted but this is not due to fault by the Council.
13. Mrs X wants to apply for a Judicial Review. This is something Mrs X would have to do. Mrs X may wish to first get legal advice to see if she can apply for a Judicial Review and the possible costs.

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Final decision

14. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman