Summary: We have discontinued our investigation into Miss X’s complaint about the Council’s response to a safeguarding concern. This is because the Council has completed its enquiry, held a safeguarding case conference, and responded to the concerns raised. The financial issues that led to the alert have been considered under a separate complaint.

The complaint

1. Miss X complains about the Council’s handling of a safeguarding concern she raised in late 2023, relating to payments made from her late uncle’s bank account to a care provider. She says the Council failed to take effective action and continued to pursue care fees without properly investigating the issue. Miss X says this has caused her and the family significant distress.

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The Ombudsman’s role and powers

2. 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)

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What I have and have not investigated

3. This investigation considers the Council’s response to the safeguarding concern Miss X raised in late 2023 about payments taken from Mr Y’s account.
4. I have not investigated the actions of the Care Provider, or whether the payments deducted from Mr Y’s account were lawful. That is the subject of a separate complaint, which the Ombudsman has considered separately.

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How I considered this complaint

5. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
6. Miss X and the Council were offered an opportunity to comment on my draft decision. I will consider any comments before making a final decision.

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What I found

Relevant guidance and legislation

Safeguarding

7. Under the Care Act 2014, councils have a duty to make enquiries if they reasonably suspect an adult with care and support needs is at risk of abuse or neglect. This is set out in section 42 of the Act and explained in the Care and Support Statutory Guidance. The Council’s safeguarding duties include considering concerns raised, deciding whether to carry out an enquiry, and taking appropriate action based on its findings.

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What happened

8. Mr Y was a resident at a care home from 2017 until late 2023. In 2019, he became eligible for Council-funded care. In late 2023, Miss X raised concerns that the care home had continued to deduct payments, described as a hospitality fee, from Mr Y’s personal bank account between 2020 and 2023, despite no attorney or deputy being in place. Miss X said these deductions were unauthorised and left Mr Y without access to significant funds. She also said the Council had continued to pursue outstanding care fees without fully addressing the issue.
9. Miss X submitted a formal complaint to the Council in December 2024. The Council responded in January 2025. It explained that it had opened a safeguarding enquiry and that the concerns about the deductions would be considered as part of that process. It also provided a breakdown of care charges and apologised for delays and for shortcomings in communication. At that stage, the safeguarding enquiry had not yet concluded.
10. The Council subsequently completed its safeguarding enquiry and held a safeguarding case conference in late March 2025. The record of that meeting confirms the Council considered the concerns about the financial deductions. It noted that money had been taken from Mr Y’s account which should not have been. The Council also explained that pursuing recovery of the money was not within its remit, and that the family would need to consider other routes, if they wished to seek reimbursement.
11. Miss X remained dissatisfied with the outcome and complained to the Ombudsman in July 2025.

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Decision to discontinue

12. We are discontinuing our investigation because the Council has now completed its safeguarding enquiry and taken reasonable steps to consider the concerns raised. When Miss X complained to the Council, the safeguarding process was still ongoing. However, since then the Council has concluded its enquiries and held a safeguarding case conference.
13. The conference record shows the Council acknowledged that deductions were taken from Mr Y’s account which should not have been. It also shows the Council considered the matter, clarified expectations with the care provider, and explained the limits of its role. The Council apologised for earlier delays and accepted that its communication with the family could have been better.
14. The Ombudsman’s role is to consider whether the Council responded appropriately to the safeguarding concern, not whether the complainant agrees with the outcome. Based on the evidence available, we are satisfied the Council did consider the concerns, completed an enquiry, and reached a reasoned position. Disagreement with the outcome is not, in itself, evidence of fault.
15. We have also considered a separate complaint about the care provider’s actions in deducting payments from Mr Y’s account. That was the appropriate route for considering the underlying financial dispute. As there is no indication of ongoing safeguarding risk or procedural fault by the Council, further investigation is not warranted.

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Decision

16. We have discontinued our investigation into Miss X’s complaint about the Council’s response to a safeguarding concern. This is because the Council has completed its enquiry, held a safeguarding case conference, and responded to the concerns raised. The financial issues that led to the alert have been considered under a separate complaint.

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Investigator's decision on behalf of the Ombudsman