Summary: We will not investigate Mrs X’s complaint about the Council’s handling of the safeguarding concerns she raised for a relative. This is because there is insufficient evidence of fault.

The complaint

1. Mrs X complains about the Council’s handling of the safeguarding concerns she raised for a relative.

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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 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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 raised safeguarding concerns about her relative’s, Mr C, daughter. Mrs X raised concerns about a decision Mr C had made. Following the referral, the Council completed safeguarding enquiries and a mental capacity assessment for Mr C.
6. The mental capacity assessment found Mr X had capacity to understand his decision, and no other risks or concerns were identified during the safeguarding enquiries. The safeguarding enquiry was closed.
7. Therefore, an investigation is not justified as we are unlikely to find fault. This is because the Council has taken appropriate action following the referral.

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Final decision

8. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman