Summary: We will not investigate this complaint about how the Council investigated Ms X’s safeguarding concerns about a relative. There is not enough evidence of fault to warrant an investigation.

The complaint

1. Ms X complains on behalf of Mrs Y. She complains that the Council:

• Carried out an inadequate safeguarding investigation as it disregarded clear evidence of abuse.
• Disregarded Mrs Y’s views on where she wanted to live.
• Prevented Ms X from using a trusted person’s bank card and restricted her visits to Mrs Y.

2. Ms X has said the Council’s actions caused significant distress to Mrs Y and had a severe impact on Ms X’s mental health.

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The Ombudsman’s role and powers

3. 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)

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How I considered this complaint

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

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My assessment

6. Mrs Y’s family made safeguarding referrals to the Council as they were concerned a relative was abusing her. The Council carried out a safeguarding enquiry into the concerns but found the allegations of abuse could not be substantiated. The Council’s records note that it had sought Mrs Y’s views on the safeguarding concerns with the assistance of an advocate. Mrs Y did not consider she was suffering abuse.
7. The Council’s records also note an officer spoke to Ms X following the conclusion of the safeguarding enquiry. The officer explained they did not consider the witness statements to be sufficient evidence as the Council could not confirm the details within them.
8. It is not our role to come to our own view on whether there is evidence of abuse. Our role is to consider if there is any fault in how the Council carried out its safeguarding enquiry. The Council followed the proper procedures when carrying out the safeguarding enquiry. The Council explained to Ms X why it did not consider the witness statements. It is a matter for the Council to decide what, if any, weight to give to evidence. So, it is unlikely an investigation would find fault in how the Council carried out the enquiry.
9. The Council’s records also note Mrs Y chose where she wanted to live and moved into her preferred care home. So, it is unlikely an investigation would find fault.
10. Ms X made a complaint to the Council which included her concerns about being prevented from a trusted person’s bank card to make purchases for Mrs Y and restrictions on visiting Mrs Y. The Council explained it was not responsible for preventing Ms X from using the bank card and Mrs Y’s care home had restricted her visits for a short period of time. It is therefore unlikely an investigation would find fault by the Council.

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Final decision

11. We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman