Summary: We will not investigate Ms C’s complaint about the Council’s safeguarding of her late mother’s Mrs B’s friend. This is because we could not provide Ms C with a different outcome to that she received from the Council last year.

The complaint

1. Ms C complained about the Council’s safeguarding into concerns she raised with it in 2020 and 2021 about her late mother’s, Mrs B’s friend, who she says was being coerced by a family member. Ms C says nothing was done to protect Mrs B’s friend who has since died, and inappropriate action taken by the Council has affected her psychologically and emotionally. Ms C says someone should be held accountable and she wants a full explanation why the Council did not stop the abuse. Ms C wants access to information she says is not data sensitive.

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The Ombudsman’s role and powers

2. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
3. 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)
4. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), 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. Ms C initially complained to the Council in 2020 and again in 2021 that a family member of Mrs B’s friend was trying to destroy their 60+-year friendship. Ms C said she wanted the Council to consider concerns she raised under its responsibility for Safeguarding Vulnerable Adults. The Council responded to Ms C’s concerns in August and September 2021. It said unfortunately due to data protection and confidentiality it was unable to provide her with more information about the situation and what actions it had taken. It reassured Ms C her concerns had been taken seriously and thoroughly looked into and appropriate action taken.
8. Although Mrs B and her friend are now deceased, Ms C says this has impacted on her own health and wants a full investigation into matters. Ms C has no consent or standing to complain on behalf of her mother’s friend who has since died. Any injustice to Mrs B caused by fault of the Council cannot be remedied now because she has passed away even if we found evidence of fault. We could not add to the Council’s response of August 2021or provide Ms C with the information she wants. If Ms C believes she should have access to information about investigation which the Council is refusing to give under a Freedom of Information request she can ask the Information Commissioner’s Office (ICO) to consider whether she should have it.

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Final decision

9. We will not investigate Ms C’s complaint because we could not provide Ms C with a different outcome to that she received from the Council last year.

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Investigator's decision on behalf of the Ombudsman