Summary: We will not investigate this complaint about the Council’s handling of a safeguarding referral. This is because there is insufficient evidence of fault to justify an investigation.

The complaint

1. Mrs X complains about the Council’s handling of a safeguarding referral made against her. She complains the Council:
• Did not tell her what the allegations made against her were, and so she was unable to defend herself.
• Did not tell her the outcome of its safeguarding enquiries.

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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))

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How I considered this complaint

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

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My assessment

5. A council must make necessary enquiries if it has reason to think a person may be at risk of abuse or neglect and has needs for care and support which mean they cannot protect themselves. (section 42, Care Act 2014)
6. This duty applies to an adult who:
• has needs for care and support (whether or not the local authority is meeting any of those needs),
• are experiencing, or at risk of, abuse or neglect,
• as a result of those care and support needs are unable to protect themselves from either the risk of, or the experience of abuse or neglect.
7. The Council received a safeguarding referral which highlighted concerns about how Mrs X was treating her ex-partner. The Council completed safeguarding enquiries as it was satisfied it met the threshold set out in the Care Act 2014.
8. During a safeguarding enquiry, it is for the council to make the necessary enquiries to satisfy itself someone is not being neglected or harmed, or at risk of harm and neglect. A council would usually inform the alleged perpetrator about the allegations made against them. However, there may be circumstances where this is not appropriate.
9. In this case, the allegations were raised against Mrs X. Therefore, the Council decided not to tell her about the referral as this could have potentially increased the risk of harm to her ex-partner. The Council is entitled to make this decision as its duty is to protect the individual from harm and neglect.
10. Further, an investigation is also unlikely to find fault with the Council for not telling Mrs X of the outcome of the referral. Since the Council decided not to tell Mrs X about its safeguarding enquiries, it is logical the Council would not tell Mrs X of the outcome.
11. Therefore, an investigation is not justified as there is insufficient evidence of fault.

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Final decision

12. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman