Summary: We will not investigate Mr B’s complaint about the Council’s failure to reassure him of the actions it has put in place following a safeguarding enquiry into concerns he raised. This is because we are satisfied with the actions taken by the Council. We could not provide Mr B with the outcome he wants.

The complaint

1. Mr B complained in 2021 about a safeguarding enquiry into concerns he raised about his healthcare provider. Mr B says the action plan set out by the Council has not been implemented and he is concerned with the action plan of his healthcare provider. Mr B says lack of assurances causes him anxiety and distress and wants the Council to assure him of the actions it has taken in order to reduce his anxiety. Mr B says the Council is institutionally racist and wants a full investigation.

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the NHS. (Local Government Act 1974, sections 25 and 34A, 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 investigated Mr B’s concerns in 2021 and 2023 and has advised him of the actions and action plan it has implemented as a result of his complaints. Although Mr B is concerned the actions have not been implemented and has not had the reassurances he wants, there is no basis for the Ombudsman to investigate matters Mr B anticipates may happen again in the future. The Council has advised him what it will do to minimise the risk of a similar occurrences happening again. The Council has remedied the injustice caused to Mr B by its failings and continues to monitor the action plan.
7. Mr B complained the health care provider’s action plan is not being implemented. We cannot consider matters about a health care provider. Mr B can complain to the provider and if he remains unhappy with the response he receives, he can complain to the Parliamentary and Health Service Ombudsman (PHSO).
8. Mr B complains the Council is institutionally racist. Mr B has confirmed negative racist comments have not been made directly to him but has provided no evidence on this point which we could investigate.

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Final decision

9. We will not investigate Mr B’s complaint because we are satisfied with the actions taken by the Council.

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Investigator's decision on behalf of the Ombudsman