Summary: We will not investigate this complaint about the Council removing Mrs X’s husband from their home. We could not achieve a meaningful outcome at this early stage of events. When the Council has completed the safeguarding process, it is open to Mrs X to complain to the Council then the Ombudsman.

The complaint

1. Mrs X complained her husband was removed from their home after allegations were made about her. Mrs X says she was wrongly sent for a mental health assessment. She says she is being prevented from speaking to her husband or knowing his location. She says the Council has told her he does not want to speak to her, but she will not accept this unless she hears it directly from her husband. Mrs X says the matter has caused her significant distress. She wants the Council to arrange for her husband to contact her, or for him to come home.

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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:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X says her husband was wrongly removed from their home in early March 2023. She contacted the Ombudsman a week later to complain.
6. The Council has a duty to consider the allegations it received, and what action is needed to safeguard Mrs X’s husband, if necessary. This process is ongoing and there is no indication a conclusion is imminent. At this early stage of events, we could not come to sound findings, nor could we say it was wrong of the Council to move Mrs X’s husband to alternative accommodation in early March. There has not been sufficient time for the Council to complete its enquiries and draw conclusions.
7. I acknowledge Mrs X’s distress at being unable to speak directly with her husband, and the matter, for her, is clearly urgent. However, we could not provide a meaningful outcome at this early stage of the process. We cannot compel the Council to return Mrs X’s husband to her home, nor can we interfere with the safeguarding process or compel Mrs X’s husband to speak directly with her.
8. It is open to Mrs X to complain again when the matter has concluded, or if there is any undue delay. In any event, she should contact us again before March 2024.

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Final decision

9. We will not investigate Mrs X’s complaint because we could not come to sound conclusions or achieve a meaningful outcome at this early stage of events.

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Investigator's decision on behalf of the Ombudsman