Summary: We will not investigate this complaint alleging the Council has failed to safeguard the complainant’s relative. This is because we are unlikely to find evidence of the Council acting with fault.

The complaint

1. Mr X complains about his relative being abused by Mr X’s ex-partner and the Council ignoring his concerns. He says he is suffering distress due to the lack of contact.

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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 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 we are unlikely to find evidence of fault to justify investigating (Local Government Act 1974, section 24A(6))
3. 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

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. A council must make enquiries if it thinks a person may be at risk of abuse or neglect and has care and support needs which mean the person cannot protect themselves. 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)
7. We do not have consent from Mr X’s relative to his making this complaint. And I have checked the Council’s report in which Mr X’s relative explicitly prohibits their personal information from being shared with Mr X. I have also read the Council’s complaint investigation of Mr X’s concerns and am satisfied it had considered matters properly. An investigation by the Ombudsman is unlikely to reveal evidence of fault.

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Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault.

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Investigator's decision on behalf of the Ombudsman