Summary: Mrs X complains the Council did not properly consider her safeguarding concerns about a residential care placement giving unprescribed medication to her son, Mr A. The Ombudsman finds no fault with the Council for how it considered Mrs X’s concerns.

The complaint

1. Ms X complains the Council did not suitably consider safeguarding concerns about her son, Mr A.
2. Ms X complains the Council became aware that staff at a residential placement acting on behalf of the Council for her son wrongly gave him medication for 6 months.
3. Ms X complains the Council failed to evidence why it did this and what impact it may have had on him.

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What I have and have not investigated

4. I have not investigated the actions by the NHS or the residential college placement. This is because these organisations are outside of the Ombudsman’s jurisdiction.

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The Ombudsman’s role and powers

5. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
6. If we are satisfied with an organisation’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

7. I considered Mrs X’s complaint and information she provided. I also considered information from the Council and records from the residential college.
8. I considered comments from Mrs X and the Council on a draft of my decision.

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What I found

Law and guidance

9. A council must make enquiries if it thinks a person may be at risk of abuse or neglect and has care and support needs which mean the person cannot protect themselves. 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)

What happened

10. Mrs X’s son, Mr A, has an Education, Health and Care Plan for several disabilities and additional needs, including epilepsy.
11. The Council decided to place Mr A at a residential college that could meet the provision set out in his EHCP.
12. Mr A started at the residential college in September 2020. During his time at the college, Mrs X would visit Mr A and he would also go to stay with Mrs X.
13. In March 2021, Mrs X raised concerns with the college and the Council that the college had been giving Mr A unauthorised medication. She said this had been happening without her knowledge, and the side effects of the medication was that Mr A had seizures. Mrs X said she had seen an increase in seizures with Mr A’s epilepsy.
14. Mrs X asked the medication to be stopped. The college reviewed the medication and stopped providing it to Mr A.
15. The Council reviewed the concerns raised by Mrs X. It contacted the college to discuss the concerns raised and held a best interest meeting for Mr A. At the best interest meeting, it was agreed by all that Mr A would leave the placement and live with Mrs X.
16. Mrs X remained unhappy with the Councils actions. She complained the Council was aware the college had given unprescribed medication to Mr A and was failing to safeguard his wellbeing.
17. The Councils conducted an investigation into the concerns. It met with the college and Mrs X. The investigation decided the Council was satisfied the medication had been approved by a GP, and therefore there was no fault with the college in giving the medication. In the final complaint response to Mrs X, it said the Council had reviewed the investigation and the information provided and did not uphold Mrs X’s complaint.
18. Mrs X remained unhappy with the response and bought her complaint to the Ombudsman.

Analysis

19. As part of my investigation, I sought documents from the Council and the college about medication for Mr A.
20. I asked the Council to explain why it had not raised a safeguarding referral as a result of the concerns raised by Mrs X.
21. The Council said that when investigating the concerns raised by Mrs X, it had reviewed documents from the College, and was satisfied the medications given to Mr A where signed off by a GP. Therefore, it did not consider there to be a safeguarding concern. As the Council did not consider there to be a safeguarding concern, it did not raise a safeguarding referral to the Local Authority for the area of the college.
22. The Council could not provide a copy of the records it had considered during its decision-making process. It said these were stored on the college information system which it did not have access to.
23. The residential college has been able to evidence the medication was approved by a GP. It has also been able to provide evidence of the medication being signed in and out to Mrs X when she collected Mr A for his visits.
24. The Ombudsman cannot find fault with Council decision where it can evidence it considered the information available at the time. While the Council has not been able to provide a copy of the information it considered, the residential college has been able to provide copies of the documents relied upon. These documents mirror the information recorded by the Council in its decision-making process.
25. I therefore find no fault in how the Council considered the safeguarding concerns raised by Mrs X and decided to take no further action.

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Final decision

26. I have now completed my investigation. I find no fault with the Council for how it considered Mrs X’s concerns about unprescribed medication for Mr A.

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Investigator's decision on behalf of the Ombudsman