Summary: We will not investigate Ms B’s complaint about the way the Council considered safeguarding matters about her. This is because the Council’s actions have not caused Ms B a significant enough injustice to warrant an ombudsman investigation. Further investigation by us could not add to the Council’s response of make a different finding of the kind Ms B wants.

The complaint

1. Ms B complained to the Council about the way it conducted a safeguarding investigation into concerns about her. Ms B says the Council inappropriately raised safeguarding concerns and breached confidentiality. Ms B said she felt bullied by comments made by a Community Nurse which should have been considered as a safeguarding matter. Ms B says comments about personal budgets were flippant and as a Personal Assistant, the Council’s failure to increase budgets resulted in her working for minimum wage. Ms B also complained service users reviews and assessments were not completed on time. Ms B says the Council should pay back monies owed to all Personal Assistants and apologise.

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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 or may decide not to continue with an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint,
• it would be reasonable for the person to ask for an organisation review or appeal.

(Local Government Act 1974, section 24A(6))

3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council explained it considered a safeguarding investigation but as Ms B was no longer providing care to her employer, the risk was removed, and the safeguarding enquiry concluded. It confirmed the questions asked did not breach confidential information. However, if Ms B is concerned data has been breached it would be reasonable for her to ask the information Commissioner’s Office (ICO) to consider her concerns. The Council provided Ms B with a link to the ICO website. We could achieve no more than this even if we investigated.
7. The Council advised Ms B how to complain about the actions of a Community Nurse and further investigation by us could not add to this.
8. The Council apologised if Ms B felt remarks made about her clients personal budgets were flippant but said this was not the case and explained if the budget is no longer meeting a person’s needs, service users can ask the Council for a reassessment. There is no significant injustice to Ms B regarding this point which warrants an ombudsman investigation.
9. Ms B complained that pay for Personal Assistants is in line with the minimum wage. The Council is not Ms B’s employer and cannot comment on the pay Ms B received.
10. The Council has responded to Ms B’s complaints and further investigation by us could not add to this or make a different finding.
11. Ms B has complained to us about delays in the Council reviewing and reassessing her employer’s needs. Ms B would not be considered a suitable representative to act on behalf of her clients with regard to this element of the complaint given they are about her employer and there is a conflict of interest.

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Final decision

12. We will not investigate Ms B’s complaint because the Council’s actions have not caused Ms B a significant enough injustice to warrant an ombudsman investigation. Further investigation by us could not add to the Council’s response of make a different finding of the kind Ms B wants.

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Investigator's decision on behalf of the Ombudsman