London Borough of Ealing (24 006 508)
Category : Adult care services > Safeguarding
Decision : Closed after initial enquiries
Decision date : 06 Oct 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the safeguarding enquiries completed by the Council. He says the investigations were completed internally and was not independent. This is because there is insufficient evidence of fault.
The complaint]
- Mr X complains about the safeguarding enquiries completed by the Council. He says the investigations were completed internally and was not independent.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Councils have a duty to make enquiries if they believe an adult is experiencing, or is at risk of, abuse or neglect. Councils are the lead agency for making enquiries but can ask other agencies to undertake them if appropriate. The purpose of an enquiry is to decide whether the council, or another organisation, should do something to protect the vulnerable adult from any action, or risk of, abuse or neglect.
- In this case, the Council provided evidence of its reasons for completing safeguarding enquiries. The Council also provided evidence to show Mr X was involved with the safeguarding process and that he was aware the Council was completing safeguarding enquiries.
- I note Mr X is unhappy the Council completed internal safeguarding enquiries and considers the investigations were not independent. However, the Council has followed the appropriate process when completing its safeguarding enquiries. Therefore, an investigation is therefore not justified as we are not likely to find fault with the Council’s actions.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman