Summary: We will not investigate Mr X’s complaint about the outcome of the Council’s safeguarding enquiry after he raised a concern that his brother was being financially abused. This is because there is no sign of fault by the Council.

The complaint

1. The complainant, whom I shall call Mr X, complains about the outcome of the Council’s safeguarding enquiry after he raised a concern that his brother, Mr Y, is being financially abused by his daughter.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6))

4. 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)

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How I considered this complaint

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

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My assessment

7. Mr X complains about the Council’s decision to close a safeguarding enquiry after he raised a concern that his brother, Mr Y, was being financially abused by his daughter.
8. The Council investigated Mr X’s concerns via a safeguarding enquiry. This included discussing the matter with Mr Y, his daughter and other family members and seeking Mr Y’s views on the matter and his desired outcomes.
9. Mr Y agreed to the initial safeguarding referral going ahead. However, he said he did not want the safeguarding referral to be taken any further and he said he was happy for his daughter to continue managing his finances.
10. I can see no sign of fault in how the Council has considered this safeguarding referral. It acted on Mr X’s concerns and completed an investigation of the issues raised. It also sought and considered Mr Y’s views and wishes on the matter and acted in line with this. Whilst I acknowledge Mr X is unhappy with the outcome there is no sign this is due to any fault by the Council.

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Final decision

11. We will not investigate Mr X’s complaint because there is no sign of fault by the Council.

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Investigator's decision on behalf of the Ombudsman