Luton Borough Council (22 005 449)

Category : Adult care services > Safeguarding

Decision : Closed after initial enquiries

Decision date : 06 Sep 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the safeguarding action the Council took in response to Miss X. That is because there is insufficient evidence of fault to justify our investigating.

The complaint

  1. Miss X complained the Council had failed to safeguard her properly since she was a child. She specifically complained about its failure to take appropriate action following safeguarding referrals she made about her own welfare from 2019. She said it also ignored her complaints about staff making fun of her. She said this has affected her mental health.

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The Ombudsman’s role and powers

  1. 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))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Between 2019 and 2021, Miss X made three safeguarding referrals to the Council about her own welfare. In the Council’s complaint response, it listed the action it took following each referral and why. That included a multi-agency response to provide support to Miss X. The Council explained where the concerns were substantiated.
  2. Although Miss X feels the Council did not support her properly following her safeguarding referrals, we will not investigate this complaint further. That is because there is insufficient evidence of fault in the action the Council took.
  3. The Council did identify it did not give Miss X an outcome to the second referral. It apologised for that and made recommendations about improving communication. I am satisfied with the steps the Council has taken therefore we will not investigate this complaint further.
  4. The Council investigated Miss X’s complaint about a staff member making fun of her (Officer A). It found that following a difficult telephone conversation with Miss X, Officer A had failed to put the telephone down properly. The Council accepted that meant Miss X may have heard a conversation between Officer A and colleagues. It said it could not confirm whether officers acted inappropriately as it was not present, but apologised for any distress caused. We will not investigate this complaint further, as we could not add anything to the Council’s investigation.

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Final decision

  1. We will not investigate Miss X’s complaint because there is insufficient evidence of fault to justify our investigating.

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Investigator's decision on behalf of the Ombudsman

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