Summary: On behalf of Mr B, Mr X complained about the Council’s handling of a safeguarding incident and subsequent investigations. We find the Council at fault for a delay in completing the safeguarding enquiry and poor communication during the process. This caused Mr X frustration, uncertainty and distress. The Council has agreed to apologise, make a symbolic financial payment and complete service improvements to remedy the injustice caused.

The complaint

1. On behalf of Mr B, Mr X complained about the Council’s handling of a safeguarding incident and subsequent investigations. Mr X says the Council had a high staff turnover during the investigation and this caused delays and poor communication. Mr X says his family has experienced a lack of truth and honesty, meaning the family has not been able to understand what happened and why. Mr X also says no one has apologised or taken accountability for the injuries Mr B sustained. Mr X would like the Council to admit responsibility and take accountability.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(1), as amended)
3. 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

4. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
5. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Legal and administrative background

Safeguarding

6. 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)
7. The Council’s adult safeguarding policy sets out that section 42 enquiries which are led by the local authority should completed within 60 days.

What happened

8. The following is a summary of key events. It is not intended to be a detailed chronology.
9. In December 2023 Mr B was attending a day care centre when he was physically attacked by another attendee. Mr B was left with a facial injury which required multiple stiches. The incident was reported to the police who decided not to press charges due to the alleged perpetrator lacking mental capacity.
10. The incident was reported to the Council’s safeguarding team by multiple professionals. Within seven days the safeguarding enquiry had been allocated to a Council staff member. In accordance with the Council’s adult safeguarding policy, the enquiry should have been completed by 5 February 2024.
11. The Council staff member went on annual leave the following week and did not return to work until the end of February 2024. I have seen no evidence the Council contacted Mr X to inform him of the delay this caused.
12. Mr X contacted the Council in mid-February 2024 to express his frustration at the lack of updates he had received from the Council. The allocated worker returned Mr X’s call the following week to explain the Council required further information to complete its safeguarding enquiry.
13. The safeguarding enquiry was reallocated to another Council worker in mid-March 2024. The Council called Mr X the following week to explain the reallocation and discuss the safeguarding enquiry.
14. The Council issued Mr X with a copy of its safeguarding enquiry outcome on 12 April 2024. This is a delay of approximately two months.
15. The safeguarding enquiry determined Mr B had suffered physical abuse and suitable actions had been taken. The Council considered the risk to Mr B was significantly reduced and the safeguarding enquiry was closed. Additionally, the Council took action to reduce any the risk of similar incidents occurring at the day care centre.
16. Following the safeguarding enquiry Mr X raised further questions regarding the incident and who was at fault. Over the course of the following year the Council took additional steps to provide Mr X with the answers he was seeking, including multiple meetings and additional investigations and learning point actions.
17. The Council has acknowledged the information shared with Mr X during this time was inconsistent and partial, and it has taken learning from the situation.

My findings

18. The Council did not communicate effectively with Mr X during the initial stages of the safeguarding enquiry. The Council failed to keep Mr X updated with details of delays to the process. This is fault which caused Mr X distress, frustration and uncertainty.
19. The Council failed to complete the safeguarding enquiry within the timeframe set out in its adult safeguarding policy. Although this was due to the allocated member of staff being on leave, the Council should have a process in place to ensure staff absence does not impact safeguarding enquiry timeframes. There was a delay of approximately two months in the Council completing its enquiry. This is fault which caused Mr X distress, frustration and uncertainty.
20. I do not find any fault in the Council’s consideration of the evidence it had available when completing the safeguarding enquiry.
21. Although Mr X has not received answers to some of the questions he has raised, the Council took additional steps to provide as much information as possible. At times this information was inconsistent and partial. This is fault which caused Mr X distress, frustration and uncertainty.

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Action

22. Within one month of the final decision the Council will:
• Apologise to Mr B and Mr X for the faults identified. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology.
• Make a symbolic financial payment of £300 to Mr B in recognition of the distress, frustration and uncertainty caused by the delays in completing the safeguarding enquiry.
• Make a symbolic financial payment of £300 to Mr X in recognition of the distress, frustration and uncertainty caused by the poor communication, delay in completing the safeguarding enquiry and inconsistent information provided after the incident.
• Ensure it has a robust system in place to prevent staff absences causing delays to section 42 safeguarding enquiries.
23. The Council should provide us with evidence it has complied with the above actions.

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Decision

24. I find fault causing injustice. The Council has agreed to complete recommendations to remedy the injustice caused.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman