Summary: The complaint is discontinued. The Council has agreed to formally investigate Mrs X’s complaint about issues relating to her adult son.

The complaint

1. Ms X complains the Council has refused to formally investigate her complaint that she was not informed about safeguarding issues relating to her adult whilst he was in local authority care in 2018/19.

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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:

• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6))

3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I considered the complaint Mrs X submitted to this office. I have also considered the Council’s response to the complaint.

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What I found

5. Mrs X is a Court Appointed Deputy for her adult son, Mr Y.
6. In June 2021 she made a subject access request to the Council for information pertaining to Mr Y. On receipt of the information, she discovered there had been three safeguarding issues relating to Mr Y whilst he had been in the Council’s care in 2018/2019.
7. Mrs X contacted the Council to complain. She asked it to formally investigate what happened, and why she had not been informed.
8. Mrs X is particularly concerned because her son sustained a dislocated knee which was never explained.
9. The Council initially refused to formally investigate the complaint because the issues are over 12 months old. It has now agreed to do so.
10. This complaint will be discontinued to allow the Council the opportunity to formally investigate Mrs X’s concerns.

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Final decision

11. The Council has agreed to formally investigate Mrs X’s complaint about issues relating to her adult son.
12. The investigation is discontinued, and the complaint will now be closed.

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Investigator's decision on behalf of the Ombudsman