Summary: Mrs X complains about the safeguarding investigation relating to her daughter, Miss Y. She says Miss Y was not properly involved in the process, and the Section 42 enquiries did not lead to any accountability about what happened to Miss Y. Mrs X says the matter has caused significant distress to both her and Miss Y. We have found no fault in the actions of the Council.

The complaint

1. Mrs X complains about the safeguarding investigation relating to her daughter, Miss Y. She says Miss Y was not properly involved in the process, and the Section 42 enquiries did not lead to any accountability about what happened to Miss Y.
2. Mrs X says the matter has caused significant distress to both her and Miss Y.

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The Ombudsman’s role and powers

3. 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
4. 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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How I considered this complaint

5. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
6. Mrs X and the Council were invited to comment on my draft decision. I have considered any comments before making a final decision.

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What I found

7. 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

8. Miss Y was subject to alleged criminal activity in or around December 2023 which resulted in a safeguarding referral to the Council alongside a Police investigation.
9. The Council received a referral about the concerns in mid-December 2023 and agreed to carry out a safeguarding investigation. Miss Y moved from the accommodation she was staying into her mother’s address.
10. Mrs X emailed the Council in early January 2024 to say what Miss Y would like to happen as a result of the investigation. Mrs X said Miss Y wanted the Council to take the concerns raised seriously and for a proper investigation to take place.
11. The Council emailed the Police and various other organisations in early January 2024 to ask for an update. The Council were advised to let the Police run its enquiries and to put a plan in place for Miss Y should she return to the accommodation she was staying in.
12. The Council met with Mrs X and Miss Y in mid-January 2024 to discuss safeguarding concerns. The notes from the meeting say Mrs X provided the answers to most of the questions the Council asked.
13. The Council held a planning meeting with various organisations in late January 2024 and continued to chase for updates from the Police.
14. The Council stopped communicating with Mrs X in late January 2024 due to the nature and amount of correspondence it was receiving and tried to speak to Miss Y in early February 2024.
15. The Council visited Miss Y in late February 2024 to review her needs and requested an update on whether Miss y was likely to move away from her mother’s property.
16. A Care Act Advocate was appointed in March 2024 to help Miss Y through the process of moving into a new placement.
17. The Council provided Mrs X with an update in mid-March 2024 and then continued to chase the police and other organisations for updates.
18. The Council provided an update to Miss Y and Mrs X in late May 2024.
19. Miss Y moved into a new supported living accommodation in mid-June 2024 and the Council visited Miss Y to put a new protection plan in place the following day. Miss Y was unhappy the Council failed to arrange the appointment in advance. However, the Council apologised for this at the time.
20. Miss Y and the Council worked together to finalise the protection plan in late June 2024.
21. The Council issued a draft report into the safeguarding investigation in August 2024 and Mrs X raised a complaint about it the same day. Mrs X said the Council had fabricated evidence and failed to discuss the investigation with Miss Y.
22. The Council issued a complaint response which said the report issued was a draft and apologised for any confusion. The complaint response also detailed the communications the Council had had with Mrs X and Miss Y through the process and said it understood Mrs X was representing Miss Y.
23. The Council then issued a report which detailed the outcome of the safeguarding enquiry in mid-September 2024. Mrs X provided comments which the Council added to the report to show where she disagreed with it.

Analysis

24. The Council received the safeguarding referral about Miss Y in December 2023 and made a plan to investigate the issues raised. The Council confirmed it would not be investigating the criminal allegations which had been raised as these would be dealt with by the Police.
25. The Council set up a meeting, investigated the issues raised and communicated with Mrs X and Miss Y about what action it was taking.
26. There is a gap between March and May 2024 where I have not been able to see what action took place. However, the Council were waiting for updates on Miss Y’s housing situation and from the Police at that time.
27. Mrs X says she is unhappy the Council did not involve Miss Y. However, I have seen the Council did attempt to involve Miss Y and that often Mrs X responded on her behalf. After Miss Y moved out of Mrs X’s property the Council met with Miss Y to discuss and agree the protection plan.
28. The Council then gave Miss Y a chance to comment on the safety plan and later gave Miss Y and Mrs X the chance to comment on the safeguarding report.
29. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
30. I have not seen there has been any fault in the process the Council followed when it completed its safeguarding investigation.

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Decision

I find no fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman