Summary: Mrs B complains the Council has not properly completed a safeguarding enquiry. The Council is not at fault.

The complaint

1. The complainant, whom I shall refer to as Mrs B, complains the Council has not properly completed a safeguarding investigation because it was not impartial and information from her father, Mr B, was ignored.
2. Mrs B says she has suffered distress as a result of the investigation conclusion.

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The Ombudsman’s role and powers

3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
4. 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

5. I spoke to Mrs B about her complaint. I considered supporting documents provided by the Council
6. Mrs B and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

7. A council must make enquiries if it has reason to think a person may be at risk of abuse or neglect and has care and support needs which mean the person cannot protect themself. An enquiry is the action taken by a council in response to a concern about abuse or neglect. An enquiry could range from a conversation with the person who is the subject of the concern to a more formal multi-agency arrangement. A council must also decide whether it or another person or agency should take any action to protect the person from abuse. (section 42, Care Act 2014)

The Council’s safeguarding procedure

8. The Council’s safeguarding procedure says it should:
• Hold a conversation with the adult to establish their wishes;
• Establish if the adult has capacity;
• Clarify what evidence and assistance is needed;
• Document all decisions and actions;
• Aim to conclude the enquiry within 28 days;
• Ensure a safeguarding plan is in place if necessary; and
• Ensure enquiries made and actions taken a proportionate.

What happened

9. The Council received a referral from the Office for the Public Guardian (OPG) about allegations of financial abuse by Mrs B. It then conducted a safeguarding investigation. The Council made a decision of ‘Not determined/inconclusive’, regarding the allegations.
10. Mrs B complained to the Council that she was not happy with the outcome or the way the investigation was conducted. The Council responded in June 2021 under its adult care complaints procedure.

Analysis

11. I have reviewed safeguarding documents provided by the Council relating to safeguarding investigations in 2021 concerning Financial Abuse and possible coercion and control from Mrs B towards her father.
12. It is clear from a review of the safeguarding documentation that:
• The investigation took account of a wide range of information including several interviews with Mrs B’s father;
• There was no concern about Mrs B’s father’s mental capacity;
• Actions and enquiries were recorded in the safeguarding enquiry;
• Mrs B’s father’s views were taken into account and incorporated in the conclusion, including stating that he just wanted his family members to stop arguing and for the conflict to stop;
• Mr B was consulted at each stage of the enquiry and consented to the proposed actions;
• There is a complicated family situation with allegations and counter-allegations between family members;
• Appropriate enquiries were made regarding Mrs B’s father’s financial circumstances;
• The conclusion includes an explicit statement that, “there is no clear evidence to state that [Mrs B] is financially abusing him or doing anything he is unaware of.”; and
• Recommendations were made to Mr B at the end of the safeguarding enquiry.
13. There is no evidence that the safeguarding investigation was impartial.
14. It is clear that Mrs B’s father’s views were taken account of when making a decision at the end of the safeguarding investigation.
15. The safeguarding enquiry was completed in an appropriate timescale.
16. Whilst it is clear Mrs B does not agree with the outcome, this was a decision the Council was entitled to make. The Council is not at fault.

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Final decision

17. The Council is not at fault. I have now completed my investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman