Summary: We do not propose to investigate this complaint about the Council’s failure to protect the complainant, and its subsequent refusal to initiate a safeguarding investigation. This is because there is no evidence of fault warranting investigation in its treatment of the complainant. We cannot investigate a parallel complaint about the Council’s failure to protect her parents, as she does not have authority to complain on their behalf.

The complaint

1. The complainant, who I refer to here as Ms S, says that the Council:
• Failed to protect her from her brother and sister in law;
• Refused to initiate a safeguarding investigation for her protection;
• Is failing to protect her parents or to initiate a safeguarding investigation into their care; and
• Has not investigated her complaint properly.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
5. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

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How I considered this complaint

6. I considered information provided by the Ms S and the Council.
7. I considered the Ombudsman’s Assessment Code.
8. The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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My assessment

9. Ms S complains that the Council refused to intervene in a dispute between her and her brother and sister in law regarding appropriate care for their parents. She says this led to her brother and sister in law abusing her, causing her distress. She further says that the Council then refused to carry out a safeguarding investigation with a view to protecting her, and shared information about her with her brother.
10. We will not investigate these matters as there is no evidence of fault by the Council. It is not the Council’s role to intervene in what it perceives as a sibling dispute. It brought Ms S’ concerns to the Safeguarding team, but it was felt they did not meet the triggers for an investigation. Additionally it found that the concerns raised by Ms S had not been shared with her brother. Additional investigation would not change that outcome.
11. Ms S also complains that the Council is not safeguarding her parents, who are cared for by her brother and sister in law. She says that her brother and sister in law are not managing their parents’ problems safely and the Council refuses to intervene. The Council has considered whether safeguarding is appropriate, and says it has taken appropriate action. We will not investigate the matter further, as Ms S does not have her father’s consent to bring a complaint or share data, and she is not the holder of a relevant Power of Attorney for her mother.
12. If Ms S wishes to challenge the PoA for her mother, and how it is being used, she would need to go to the Court of Protection, as it is not something that we can change.

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Final decision

13. I will not investigate this complaint. This is because there is no evidence of fault in relation to the Council’s actions in respect of Ms S, and she has no authority to complain on behalf of her parents. We will not investigate the Council’s use of its complaints procedure as it is not a good use of our resources to look at the complaint handling where we are not looking at the substantive issue.

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Investigator's decision on behalf of the Ombudsman