Summary: Mr C complains the Council and Trust have failed to provide him with information about safeguarding allegations made against him. We will not investigate this complaint as there is not enough evidence of fault.

The complaint

1. Mr C complains about the failure of Dorset Council, the “Council”, and Dorset Healthcare University NHS Foundation Trust, the “Trust” to provide details of safeguarding allegations made against him. Mr C says this has caused him significant stress and affected his mental health.

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The Ombudsmen’s role and powers

2. The Local Government and Social Care Ombudsman and Health Service Ombudsman have the power to jointly consider complaints about health and social care. (Local Government Act 1974, section 33ZA, as amended, and Health Service Commissioners Act 1993, section 18ZA).
3. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint.
  (Health Service Commissioners Act 1993, section 3(2) and Local Government Act 1974, section 24A(6), as amended)

4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended, and Health Service Commissioners Act 1993, sections 3(4)- 3(7))

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How I considered this complaint

5. I considered information provided by Mr C, the Trust, and the Council.
6. I considered the Ombudsmen’s Assessment Code.

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My assessment

7. Mr C was the main carer for his wife Mrs C. The Council is the local safeguarding authority. This means it is responsible to protect an adult’s right to live in safety, free from abuse and neglect. Its duties apply to all adults living in its area who have care and support needs.
8. Safeguarding allegations were made against Mr C concerning Mrs C while she was in hospital. The hospital told Mr C about the safeguarding but not the details of the allegations made. Both the Trust and the Council have since refused to tell Mr C about the nature of the allegations.
9. The Council and Trust have provided reasons about why they do not consider it appropriate to share this information with Mr C. The Ombudsmen are unable to challenge professional judgements where there is no procedural fault. I have considered the reasons provided by the Council and Trust and cannot say their decision making is flawed. I appreciate not having this information is frustrating and has affected Mr C, however I cannot say the Council or Trust should share this information with Mr C. It also appears that no action was taken against Mr C and therefore any injustice is limited.
10. If Mr C remains unhappy with the Council’s and Trust’s decision making he can make a subject access request under the Data Protection Act 2018 and ask the Council and Trust for information they hold about him. He can then, if necessary, escalate matters to the Information Commissioner.

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Final Decision

11. We will not investigate Mr C’s complaint because there is not enough evidence of fault by the Council and Trust.

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Investigator's decision on behalf of the Ombudsman