Somerset Council (25 005 577)
The Ombudsman's final decision:
Summary: Ms Y complains about the Council’s failure to safeguard a vulnerable adult before their death. We have discontinued our investigation because the matters complained about are currently subject to a serious incident safeguarding review, criminal investigation and Coroner’s inquest.
The complaint
- Ms Y complains the Council failed to listen to safeguarding concerns or take any action to prevent the neglect of a vulnerable adult. Soon after, the person died. Ms Y also raised concerns that another adult also living at the same address was subject to coercive control and financial abuse.
- Ms Y wants the Council to apologise and improve future service.
The Ombudsman’s role and powers
- It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I considered information provided by Ms Y and the Council as well as relevant law, policy and guidance.
- Ms Y and the Council had an opportunity to comment on my draft decision. I consider any comments before making a final decision.
What I found
- Ms Y complains about the Council’s failure to safeguard a vulnerable adult. She raised safeguarding concerns in late 2024 which the Council did not take forward because the adult’s location was not known at that time. Shortly after raising the concerns, the Council received notification the adult had died.
- Due to the circumstances of the person’s death, there is an active and ongoing criminal investigation. From the records I have seen, the relevant police force has liaised with the Council about safeguarding matters. The Council has also confirmed there is a Coroner’s inquest due to be heard later this year and the case is also being investigated as part of a ‘serious incident review’.
- The Ombudsman should not investigate this complaint now. Our Guidance on Jurisdiction states that our investigations should not ‘stray’ into matters which fall within the scope and remit of others. This includes police forces.
- The reviews taking place are likely to provide a clear account of what happened, including any prior knowledge held by the Council and other relevant bodies regarding the potential risk of harm to the vulnerable adult. They may also identify learning opportunities and inform service improvements.
- However, should Ms Y consider that any matters are not fully addressed, and there is unremedied injustice, she may return to us with another complaint once all other investigations and reviews have concluded. We will then take a view on whether Ms Y’s complaint is one which could and should be investigated by the Ombudsman.
Decision
- I have discontinued my investigation into Ms Y’s complaint for the reasons explained in this statement.
Investigator's decision on behalf of the Ombudsman