Summary: We will not investigate this complaint about adult safeguarding. We cannot add to the Council’s investigation, further investigation would not lead to a different outcome, and we cannot achieve ending the employment of the alleged abuser which is what the complainant wants.

The complaint

1. Ms B says the Council failed to listen to her concerns over many years so failed to safeguard her mother, Ms C, from financial abuse. The alleged abuser works for the Council; Ms B thinks the Council should end the person’s employment.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)
3. We investigate 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 continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Ms C has died, so the Ombudsman can provide no remedy for any injustice she may have suffered.
7. Ms B feels the Council did not listen to her concerns. But the Council’s response to Ms B’s complaint shows it responded when she raised concerns over the years.
8. The Ombudsman cannot get involved in personnel issues, so cannot achieve the outcome Ms B wants of the Council ending the alleged abuser’s employment. The Council has also explained to Ms B that it cannot share any information with her about any internal investigation into the employee’s actions.

Back to top

Final decision

9. We will not investigate Ms B’s complaint because we could not add to the Council’s investigation, further investigation would not lead to a different outcome, and we cannot achieve the outcome Ms B wants.

Back to top

Investigator's decision on behalf of the Ombudsman