Summary: We will not investigate Miss X’s complaint about a meeting a Council officer had with her friend, Mr Y. This is because it is unlikely an investigation by this office could add to the response the Council has already provided via its own investigation of the matter.

The complaint

1. The complainant, Miss X, complains about a one to one meeting a Council officer had with her friend, Mr Y. Miss X says Mr Y was interrogated for 30 minutes and it caused him distress. She also complains the officer made an inappropriate comment about her during the meeting.
2. Miss X makes this complaint in her own right and on behalf of Mr Y, who has died.

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The Ombudsman’s role and powers

3. 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)
4. We do not start an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Miss X complained to the Council about a one to one meeting an officer had with Mr Y in conducting a safeguarding enquiry. Miss X said Mr Y was interrogated by the officer and the officer made an inappropriate comment about Miss X during the meeting.
8. The Council apologised if the meeting caused Mr Y distress. It explained it had a duty to act on the safeguarding enquiry and it followed this process in meeting with Mr Y to discuss this. It said there was no intention to cause him any distress and he had not shown any sign of distress during the meeting.
9. The officer was questioned about the comment and she confirmed she had not made the comment Miss X complained about.
10. The Council says Mr Y had capacity to decide whether to participate in the enquiry. The officer met with him on a one to one basis to ensure he could share his views and understanding of the concerns raised and to confirm that he was able to make autonomous decisions.
11. We will not investigate Miss X’s complaint. This is because it is unlikely a further investigation by this office could add in any significant way, if at all, to the response the Council has already provided via its own investigation of the matter. It has explained the reason for the meeting, that Mr Y had capacity and showed no sign of distress at the time. I do not see that a further investigation of the matter could add to the response already provided on this point. The officer has been questioned about the comment and has confirmed she did not make it. Again, there is nothing further we could add to the Council’s response on that point were we to investigate.

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Final decision

12. We will not investigate Miss X’s complaint because we could not add to the response the Council has already provided via its own investigation of the matter.

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Investigator's decision on behalf of the Ombudsman