Summary: We will not investigate Miss X’s complaint about safeguarding and adult social care support from the Council. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is insufficient information to show Miss X is raising significant new matters different to our recent investigation and it is unlikely we could achieve a worthwhile outcome.

The complaint

1. In summary, Miss X complains about the Council failing to provide her with adequate support and safeguarding needed due to a medical condition causing her to leave her house at night. Miss X says she has recently become aware of a new risk linked to this.

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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 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)
3. 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. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X made practically the same complaint to us last year (except for the information about the new risk). Our investigation found no fault in how the Council considered Miss X’s social care needs or its actions under safeguarding procedures. We found fault with how the Council explained its decision but decided there was no injustice arising from this fault.
8. Our investigation also found the Council decided there was no evidence of risks to Miss X. While the Council accepted Miss X’s beliefs, it found there was no supporting evidence from the police or health services. On this basis I do not consider that Miss X’s recent information is significant new information to warrant a new Ombudsman investigation.
9. Further, given Miss X’s requested outcomes of support, we would not be able to achieve any worthwhile outcome by investigating. As it is not the Ombudsman’s role to determine Miss X’s need for support. So, we will not investigate.

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Final decision

10. We will not investigate Miss X’s complaint because it has already been investigated and also because we would not be able to achieve a worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman