Summary: We will not investigate this complaint about the Council’s response after the complainant reported that his sister, a Council employee, is subjecting him to domestic abuse. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, told the Council that his sister, a Council employee, is subjecting him to domestic abuse. Mr X complains about the Council’s response which, according to Mr X, gave his sister the go-ahead to start legal action to evict him.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of private individuals. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

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My assessment

5. Councils have a duty to investigate allegations about anyone who works with adults with care and support needs.
6. Mr X’s sister works for the Council. She (Ms A) is the executor of their mother’s estate. There have been legal proceedings to evict Mr X from the house so it can be sold. I do not know the outcome of the court action or whether it has been concluded. Mr X lives in a different council area.
7. Mr X has been distressed by Ms A’s actions. He reported to the Council that he is a victim of domestic abuse perpetrated by Ms A. The Council spoke to Mr X and established that he has no care or support needs. It also confirmed that, while Ms A is a Council employee, she does not work with adults with care or support needs. The Council told Mr X that this is a private dispute between siblings and it would not take any further action.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. It responded appropriately by checking to see if it had any safeguarding duties in respect of people with care and support needs and people working with people with care needs. Once the Council established that Mr X does not have care and support needs, and Ms A does not work with people with such needs, then there was no other action it was required to take. It is not for the Council, or us, to comment on the actions of private individuals, which are totally separate from their employment duties.

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Final decision

9. 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