Summary: We will not investigate this complaint about the way the Council followed its safeguarding procedures. The Council has now agreed to consider Ms B’s complaint.

The complaint

1. Ms B complains about the way the Council followed its safeguarding procedures when she made a safeguarding concern relating to a service user. She says the Council delayed responding to the safeguarding concern and then did not accept a complaint from her about the issues. Ms B says the Council’s lack of action has left her and two paid carers feeling distressed and concerned about whether future safeguarding concerns will be taken seriously. As an outcome Ms B wants the Council to acknowledge it did not follow its safeguarding procedures properly. She also wants it to consider its complaint process and who it accepts complaints from and learn from this 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 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. Ms B is a Registered Manager for a domiciliary care agency which provides care and support to people living in the community in their own homes. Ms B said two carers witnessed an incident with a service user which met the threshold to report as a safeguarding concern. The care agency also reported the matter to the police.
6. The incident occurred over the weekend, and Ms B said she contacted the Council’s adult social care emergency phone number but when she called it did not work. She then reported the safeguarding concern on the next working day. Ms B said the Council did not allocate an officer to respond to the safeguarding concern for four weeks.
7. Ms B made a complaint to the Council asking it to respond to concerns she had about the way it followed its safeguarding procedures. The Council responded to the complaint and said it could not consider the issue as it did not have consent from the service user who was named as the vulnerable adult. It told Ms B to direct her concerns through the appropriate channels but did not provide further details.
8. Following our contact with the Council it agreed to now investigate Ms B’s complaint. We will not investigate this complaint as the Council is better placed to consider the issues. Ms B can ask us to consider a new complaint if she is dissatisfied with the Council’s complaint response.

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Final decision

9. We will not investigate Ms B’s complaint because the Council is better placed to consider this complaint.

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Investigator's decision on behalf of the Ombudsman