Summary: We will not investigate this complaint about adult safeguarding. There is not enough evidence of faut to justify our involvement.

The complaint

1. Ms X complained the Council failed to make safeguarding enquiries after she told it she was a victim of abuse. She said the Council had ignored her concerns over several years. Ms X wants the Council to complete a safeguarding investigation and hold a review of her housing and social care needs.

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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 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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

6. Section 42 of the Care Act 2014 states 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.
7. Following Ms X’s reports of abuse, the Council met with her to discuss her concerns. As Ms X was not assessed as having care and support needs, the Council said she did not meet the criteria for safeguarding involvement. It referred her to another team to identify whether she had any other support needs. The Council also directed Ms X to the Police to report any incidents of abuse.
8. The Council has followed the correct steps in considering Ms X’s reported concerns and applied the statutory guidance. There is not enough evidence of fault to justify our involvement.
9. Part of Ms X’s complaint to the Council was that it discussed her reports of abuse in a public place and sent letters containing personal information to the wrong address. If Ms X is unhappy with how the Council dealt with these parts of her complaint, then she can escalate her concerns with the Information Commissioners Office (ICO). The ICO deals with complaints around data protection.

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Final decision

10. We will not investigate Ms X’s complaint because safeguarding because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman