Summary: We will not investigate this complaint about the Council’s safeguarding investigation at this time. The Council has not yet completed its enquiries and so currently we could not properly consider the outcome and any potential injustice.

The complaint

1. Miss X complained the Council did not properly inform her when it investigated a safeguarding concern about her mother’s care home. She says its conclusions contradict what she was told verbally by staff at the home. She says the matter has caused distress. She wants the matter investigated and clarity about the contradictions.

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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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

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

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My assessment

5. Miss X complained to the Ombudsman about contradictions in evidence gathered during the Council’s investigation into concerns at her mother’s (Mrs Y’s) care home. The information she provided to us when she complained showed the Council’s enquiries had not yet completed, and so the Council has not yet come to final conclusions. Miss X has told the Council her concerns, so it can consider them before it completes its enquiry.
6. We could not say at this time that there had been fault by the Council, or if any fault had caused injustice to Miss X and Mrs Y. We could not come to solid conclusions until the matter had come to a conclusion. We cannot say what the Council will decide about the conflicting information. The Council may provide the outcomes Miss X seeks – further investigation and clarity about any contradictions.
7. After the matter has concluded, it is open to Miss X to complain to the Council and then the Ombudsman, at which point we can consider whether there is evidence of fault and injustice that would warrant an investigation.

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Final decision

8. We will not investigate Miss X’s complaint because the Council’s safeguarding enquiry it relates to is ongoing, and we could not come to solid conclusions at this time.

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Investigator's decision on behalf of the Ombudsman