Summary: Mrs X complained about how the Council handled a safeguarding concern she raised about her mum, Mrs Y. We find no fault in the Council’s actions or its decision making.

The complaint

1. Miss X complained about how the Council handled a safeguarding concern she raised about her mum, Mrs Y. Specifically, she complained the Council:
1. did not investigate her concern fully;
2. told her mum’s GP to block her access to her mum’s medical records; and
3. did not conduct an independent investigation into her subsequent complaint.
2. Miss X felt she was not listened to and was isolated and treated poorly by the Council.
3. Miss X wants compensation and for an independent department to investigate complaints about safeguarding findings.

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The Ombudsman’s role and powers

4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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What I have and have not investigated

6. I have not investigated part b) of Miss X’s complaint. This is because GDPR regulations govern what information can and should be shared, to whom, and when. The Council has no power to block individuals from others’ medical records and any decision to do would be for the medical practice in question to make. We cannot investigate the actions of the medical practice.

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How I considered this complaint

7. I spoke with Miss X and considered the information she provided.
8. Written enquiries of the Council were made. I considered its response along with relevant law and guidance.
9. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Safeguarding

10. A council must make enquiries if it thinks a person may be at risk of abuse or neglect and has care and support needs which mean the person cannot protect themselves. An enquiry is the action taken by a council in response to a concern about abuse or neglect. An enquiry could range from a conversation with the person who is the subject of the concern, to a more formal multi-agency arrangement. A council must also decide whether it or another person or agency should take any action to protect the person from abuse. (section 42, Care Act 2014)

What happened

11. Below is a summary of key events based on my review of all the evidence provided about this complaint.
12. Miss X told the Council she was concerned about the care Mrs Y was receiving. The Council raised a safeguarding notification and assigned the case to the safeguarding team on the same day.
13. Over the following month, a full investigation took place. This included a multi-agency safeguarding meeting and a meeting with Mrs Y to understand her wishes. The investigation concluded that the concerns raised by Miss X were not substantiated. The Council informed Miss X of its decision to close the safeguarding concern.
14. During the investigation, Miss X raised three complaints with the Council. She said her concerns were not being taken seriously, raised issues about how she was treated, and requested a new team to handle her complaint. The Council responded to each of her complaints, stating it found no evidence to support her concerns about mistreatment. However, to prevent further distress, the Council reassigned the case to another worker. While the Council explained that it was limited in the information it could share about the safeguarding investigation, it assured Miss X that it had conducted visits, spoken with Mrs Y and other family members, and was focussed on Mrs Y’s well-being, safety, and long-term support.
15. Later that month, Miss X raised additional concerns, including:
• alleging a conflict of interest because her complaint was handled by the manager of the team she was complaining about;
• stating her mother needed a package of care;
• criticising the safeguarding team’s visits as being too quick and requesting that they speak to Mrs Y privately; and
• asking for details of the assessment conducted on Mrs Y, as she did not believe adequate action had been taken to protect her.
16. The Council responded to each of the concerns explaining complaints are handled by Heads of Service, as they have the expertise and knowledge of the service area needed to investigate and respond effectively. The Council found no evidence that the manager’s involvement constituted a conflict of interest. It also reiterated that the safeguarding investigation had concluded, and the team were satisfied that Mrs Y was safe, free from harm, abuse, neglect, and living in safe conditions.

My findings

17. Miss X raised a safeguarding concern about Mrs Y, which the Council investigated thoroughly. I have reviewed the evidence and found that the Council took Miss X’s concerns seriously, conducted a detailed investigation, gathered and considered Mrs Y’s wishes, and appropriately communicated the outcome to Miss X. There was no fault in the Council’s actions, its decision to close the safeguarding concern, or how it shared information with Miss X.
18. When handling Miss X’s complaints, the Council followed its complaint handling policy. There is no requirement for adult social care safeguarding-related complaints to be handled by an independent person. The Council’s investigation of Miss X’s complaints was consistent with its policy and there was no fault in its process.
19. There is no evidence of fault in the safeguarding process, the decision to close the safeguarding concern, or the handling of Miss X’s complaints. Overall, the Council’s actions were reasonable, proportionate, and in accordance with its policies.

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Final decision

20. I have completed my investigation. There was no fault in the Council’s actions or decision making.

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Investigator's decision on behalf of the Ombudsman