• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• My assessment
• Final decision

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint about adult safeguarding provision, as it is unlikely, we would find evidence of Council fault. Part of the complaint is late and there are no good reasons the late complaint rule should not apply. Other issues have been in a previous complaint to the Ombudsman.

The complaint

1. Mr X complained the Council has not responded to his requests for a social worker or dealt with his complaints correctly. Mr X says it failed to explain why the Council gave him a student social worker. Mr X says he is a vulnerable adult, at risk of homelessness and unable to care for himself properly.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out powers but also imposes limits on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr X’s complaint covers: not being given a Social Worker; complaints being ignored and not correctly investigated; and consequently risking homelessness.
8. Mr X complains of Council action which is more than 12 months old. The Ombudsman will not usually exercise discretion to investigate complaints about events that took place more than 12 months ago unless there is good reason for delay. We should not exercise discretion here. Mr X made a previous complaint to us, and it is reasonable to expect him to have done so with all issues.
9. I have considered Mr X’s complaints about adult social care since July 2023. The Council has a duty to protect a vulnerable adult’s right to live in safety, free from abuse and neglect. This is safeguarding. When the Council receives a concern, it must make the necessary enquires about the concern and act to keep the adult safe.
10. The Council followed its safeguarding process about all concerns it received from Mr X. It is unlikely we could say there was delay in the Council’s safeguarding enquires. It is unlikely we would find fault in its decisions.
11. Mr X’s complaint also concerns issues around provision of housing. A previous Ombudsman investigation has already considered and decided these complaints.
12. Mr X says he sought help with housing bidding and the Council has not provided this. There is insufficient evidence this is needed, and any fault is not enough to justify investigation.

Back to top

Final decision

13. We will not investigate Mr X’s complaint about adult safeguarding. It is unlikely we would find fault. We have previously considered and decided his housing complaints. There are no good reasons to investigate complaints about issues more than 12 months old.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page