Summary: We will not investigate this complaint about an adult safeguarding investigation, because it is unlikely we would find fault or reach a different outcome.

The complaint

1. Ms B says a social worker completing a safeguarding investigation prejudged the outcome before speaking with her. Ms B says the social worker was rude and aggressive, and the report was inaccurate and judgemental. Ms B says after the meeting she had mental health problems because of the way she was treated. Ms B says she raised a complaint, but it was held up by delays out of her control, then the Covid pandemic, and then personal health issues.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

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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. Safeguarding is protecting a person’s right to live in safety, free from abuse and neglect. The Council has a duty to consider reports it receives that someone living in its area, who has care and support needs that mean they cannot protect themselves, may be at risk of abuse or neglect.
8. The safeguarding investigation Ms B complains about took place in 2019, and Ms B knew of her concerns then. So, Ms B’s complaint is late in accordance with paragraph three.
9. The Ombudsman can exercise discretion to consider late complaints if there is good reason to do so. I have not enquired whether there is a good reason, because even if we investigated it is unlikely the Ombudsman could achieve a worthwhile outcome.
10. Ms B says the social worker was rude and aggressive. The Council spoke with the social worker about the complaint who said it was not their intent to cause distress or upset. The Council has acknowledged it is distressing to be involved in a safeguarding investigation, and that you will face difficult questions.
11. It is unlikely the Ombudsman would find evidence to confirm Ms B’s opinions of how the social worker behaved.
12. The Council is required to keep contemporaneous records of events. Ms B might not agree with what people were saying, but that does not mean the Council was wrong to record it. The Ombudsman cannot ask the Council to change its records. However, Ms B can ask the Council to hold her version of events alongside the records, to show the records are disputed. The Council has apologised to Ms B for her distress at thinking the records are wrong.

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Final decision

13. We will not investigate Ms B’s complaint because it is unlikely we would find evidence of fault. The Council had a duty to conduct a safeguarding investigation, which would be distressing for Ms B as the accused. Ms B felt the Council officer acted unprofessionally, but it is unlikely we could evidence that. Ms B feels the records are untrue. The Ombudsman cannot ask the Council to change the records it made at the relevant time. Ms B can ask the Council to add to its records to show her disagreement and her account.
14. The Council responded to Ms B’s complaint and acknowledged her distress. It is unlikely we could add to that or reach a different outcome.

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Investigator's decision on behalf of the Ombudsman