Summary: We will not investigate this complaint about how the Council completed safeguarding enquiries. That is because any alleged fault has not caused the complainant an injustice.

The complaint

1. Mr X complained about the Council’s safeguarding enquiries into concerns he raised about a Care Provider. He said the Care Provider completed its own safeguarding enquiries and that it failed to interview him or consider evidence he provided. Mr X wants the Council to complete a further investigation.

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The Ombudsman’s role and powers

2. 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)
3. 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 fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6))

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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. We will not investigate Mr X’s complaint about how the Council completed safeguarding enquiries into a Care Provider. Mr X is a previous employee of the Care Provider. He has not been caused a significant injustice by the Council’s actions. We would not consider him a suitable representative for service users receiving care from the Care Provider. It is likely they have a more suitable representative who can complain on their behalf if they have any safeguarding concerns.

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Final decision

7. We will not investigate Mr X’s complaint because any fault has not caused him an injustice.

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Investigator's decision on behalf of the Ombudsman