Summary: We will not investigate Mr X’s complaint about a safeguarding concern raised in relation to his friend, Mr Y. This is because an investigation by this office would not be able to add to the explanation and response already provided by the Council on this matter.

The complaint

1. The complainant, whom I shall call Mr X, complains a safeguarding allegation was made against him in relation to possible financial exploitation of his friend, Mr Y. He says he was told there was an ongoing investigation into this yet the Council says this is not the case.

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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 we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6))

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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 complained a safeguarding concern was made against him in relation to him possibly financially abusing Mr Y.
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).
8. The Council investigated. In its response to Mr X, it explained its duty to ensure adults in its care, such as Mr Y, are safeguarded. After the concern was raised it made some recommendations to Mr Y, with his consent, to ensure he was safeguarded. It also confirmed Mr X was not being accused of anything and there was no ongoing investigation.
9. The Council told Mr X it is carrying out an assessment with Mr Y, but it is unable to share any details of this with Mr X. The Council suggested that until the assessment is completed Mr X and Mr Y should refrain from spending their money on each other. This would help protect their finances and avoid any allegations around financial abuse.

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Final decision

10. We will not investigate Mr X’s complaint. This is because an investigation by this office would not be able to add to the response and explanation provided via the Council’s investigation which also confirmed there is no ongoing investigation and Mr X has not been accused of any wrongdoing.

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Investigator's decision on behalf of the Ombudsman