Summary: We will not investigate this complaint about the Council’s safeguarding investigation into concerns raised by Mrs B. This is because it is unlikely we would find enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

The complaint

1. Mrs B complained about the Councils safeguarding investigation into concerns she raised about Mrs C. Mrs B says Mrs C was abused by care staff and feels she was not believed about an incident she witnessed in February 2023. Mrs B says she provided the Council with substantial evidence about the conditions Mrs C was living in, the way she was treated and the distress she witnessed. Mrs B says the safeguarding investigation did not do enough to find out exactly what happened, and she cannot understand why people who may have significant information are not interviewed.

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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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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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. The Council considered concerns Mrs B raised with the CQC under its role as Lead Authority for Safeguarding Vulnerable Adults.
6. It found no evidence to substantiate the allegations of abuse and neglect. It confirmed it had followed safeguarding policies and procedures. The safeguarding investigation documents show Mrs B’s concerns were properly considered and discussed with her. Whilst she is unhappy with the findings of the outcome of the investigation it is unlikely we would find enough evidence of fault with the administrative actions of the Council undertaking the s42 safeguarding enquiry. It is for the Council to decide who it should interview.
7. There is no significant injustice to Mrs C as a result of the Council’s safeguarding investigation given she has moved to a different home and there is no ongoing risk to her.

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Final decision

8. We will not investigate Mrs B’s complaint because there is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman