Summary: We will not investigate this complaint about a safeguarding investigation. There is insufficient evidence of fault to justify our involvement and Mr X could take the legal matters to court.

The complaint

1. Mr X complains about how the Council’s handled a safeguarding investigation. Mr X said that the investigation led to slanderous comments being made about him and his son which damaged their reputation. He would like a proper investigation and the bogus claims to be dropped. He would also like financial compensation.

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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. (Local Government Act 1974, section 24A(6))
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X worked for a charity that helped vulnerable people. Accusations were made against Mr X and his son. The Council investigated the safeguarding concerns. Mr X said the Council did not consider all the information he provided. He said the Council should have discontinued the investigation as the claim was bogus and he was supported by the Charity’s Trustees.
7. He said that the accuser spread slanderous comments and misinformation in the public domain.
8. The Council was right to investigate a safeguarding concern. There is insufficient evidence of fault to warrant our involvement.
9. Slander and defamation are legal matters which the courts are the appropriate body to determine. It is reasonable to expect Mr X to take legal action regarding this matter.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify our involvement and Mr X could take the legal matters to court.

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Investigator's decision on behalf of the Ombudsman