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

The complaint

1. Miss X complained the Council refused to investigate her concern a staff member made a malicious safeguarding referral about her welfare. She said the referral resulted in Police attendance which made her feel alarmed and distressed. She wants the Council to make a symbolic payment for the upset caused.
2. Miss X also complained the Council would not allow her friend to act on her behalf and that it had failed to finalise her care needs assessment and support plan. She said the Council was ignoring her need for help to maintain a habitable home for her and her support dog.

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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 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
• any fault has not caused injustice to the person who complained.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. In its response to Miss X, the Council said it would not accept a complaint about the safeguarding referral. It explained that everyone had a right to report concerns to the Council where an adult in their area requiring care and support, was experiencing, or at risk of abuse or neglect. It said it could not comment on the actions of the Police.
7. Although Miss X is unhappy with this response, we will not investigate. We would not expect the Council to investigate a complaint about a safeguarding referral. The Council’s responsibility is to ensure that referrals are appropriately considered and acted upon. In this case, the Council considered the information in the referral. It decided to refer the concerns raised to the Police. There is not enough evidence of fault in how it acted on the referral to justify our involvement.
8. We will not investigate Miss X’s complaint the Council will not allow her friend to act as her advocate. It is for the Council to decide whether it considers her friend suitable. It does not consider they are acting in Miss X’s best interests. The Council is happy to communicate with Miss X directly, or will arrange a recognised advocate. There is not enough evidence of fault to justify our involvement.
9. We will also not investigate Miss X’s complaint the Council has not finalised her support plan following her care needs review. In its complaint response, the Council explained the delay was because of a disagreement about the support plan including care for Miss X’s Emotional Support Assistance dog. The Council said Miss X wanted carers to care for her dog. It said it would not do this.
10. The Care Act 2014 sets out the circumstances where the Council is responsible for arranging care for a pet. This is limited to when a person is away from home because they have been admitted to hospital or a care home. It has no wider duty to provide care for Miss X’s dog. There is not enough evidence of fault in how the Council has considered Miss X’s dog to justify our involvement. And, although there is a delay in the Council finalising the plan, there is nothing to suggest Miss X’s care needs have gone unmet. The Council has confirmed Miss X’s package of care has continued. Therefore, any fault in the delay has not caused Miss X a significant injustice.

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Final decision

11. We will not investigate Miss 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