Summary: We will not investigate this complaint about the Council’s involvement in a safeguarding enquiry, in which Mr X was the alleged perpetrator. There is insufficient evidence of fault by the Council. Other matters are best considered by the Information Commissioner.

The complaint

1. Mr X complained about how the Council handled an adult safeguarding enquiry in which he was the alleged perpetrator. His complaints included that it:
• falsely accused him of emotional and psychological abuse and coercive controlling behaviour;
• referred him to the police behind his back and without reason;
• removed or destroyed documents he provided that showed the person in question (Y) had consented to him being their first point of contact;
• did not deal professionally with information requests;
• did not properly consider or respond to his complaints, and refused to respond to further complaints.
2. Mr X said the matter caused significant distress, and he considered the Council’s actions bullying. He wanted independent investigation and for the Council to make service improvements.

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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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

7. Mr X’s complaint is partly about the Council’s decision to carry out enquiries due to its concern of risk to Y, and its decision to refer the matter to the police.
8. 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)
9. The Council received reports of concern relating to Mr X’s involvement with Y. We would not criticise a council for acting on such concerns, and we would find fault with a council if it did not carry out enquiries. The Council had a duty to consider the concerns and it decided the police should be contacted. Mr X may not agree with the Council’s actions, but that does not mean they were fault. There is insufficient evidence of fault to justify us investigating the matter.
10. Mr X’s complaint is also about how the Council responded to requests for information, and his suspicion it has removed or destroyed a consent form giving Y’s consent to Mr X being their first point of contact. The Information Commissioner is best placed to consider complaints about how organisations deal with people’s data. It is best placed to consider these elements of Mr X’s complaint.
11. Mr X’s complaint is also about how the Council handled his complaints. He says it has also refused to respond to further complaints. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
12. In any event, councils are entitled to decline to respond to repeat complaints and it is unlikely we would find the Council at fault if we investigated this. Mr X has also brought several complaints to us about the same matters, and similarly we will not consider the same complaint several times. Should Mr X bring complaints about new issues, it is open to the Council to consider them and then it is open to Mr X to complain to us if necessary.

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Final decision

13. We will not investigate Mr X’s complaint because there is insufficient evidence of fault, and other matters are best considered by the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman