Summary: We will not investigate Mr B’s complaint about the Council’s decision to consider a referral for safeguarding without considering his account of the incident. This is because there is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

The complaint

1. Mr B complained the Council acted hastily when a nurse alleged he had harmed his wife whilst providing her with care. Mr B says his wife was reduced to tears when the nurse was the only person in the room, and the Council has considered accusations made against him without asking him for his account. Mr B says he wants the Council to consider his version of what happened, apologise, and communicate the correct findings to everyone who was told the incorrect facts.

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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 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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council considered information it received from a nurse practitioner under its responsibility for safeguarding vulnerable adults about care Mr B provided to Mrs B. The outcome of the safeguarding investigation is that Mr B will be supported to assist Mrs B with her fluid intake, and this will be monitored.
7. Mr B remains unhappy and says the Council acted hastily when it received accusations about him but did not ask him for his account of what happened. Mr B disputes he did anything wrong and acted appropriately, however, the Council’s duty is to safeguard Mrs B. We were not in the room at the time and cannot comment on what happened or was said when we were not present. We cannot consider the actions of the NHS or its staff in any event. Once a council has received an allegation about a vulnerable person, it has a duty to consider it. This is not fault.

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Final decision

8. We will not investigate Mr B’s complaint because there is not enough evidence of fault to warrant an ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman