Summary: We will not investigate this complaint the Council would not respond to a complaint about a safeguarding referral. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained the Council refused to investigate a malicious safeguarding referral it received about him being a risk to a friend. He said the Council would not investigate why the referral was made or provide the details of the referrer. He said he had suffered discrimination and embarrassment by the referral. Mr X wants a financial remedy from the Council for refusing to respond to the complaint.

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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))

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How I considered this complaint

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

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My assessment

5. Everyone has a responsibility to raise an alert if they have a concern for the welfare of a vulnerable adult. On receiving a referral, the relevant local authority 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.
6. We would not expect the Council to investigate a complaint about the content of a safeguarding referral. This could act as a deterrent to people raising concerns. There is not enough evidence of fault in the Council’s decision not to investigate Mr X’s complaint about the referral to justify our involvement.
7. We will also not investigate Mr X’s complaint the Council will not reveal the details of the referrer. The Council said it could not provide that information because of data protection legislation. If Mr X is unhappy with its response, it is reasonable for him to contact the Information Commissioner’s Office (ICO). The ICO is best placed to deal with complaints around data protection.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman