Summary: We will not investigate this complaint about safeguarding adults. This is because we are satisfied with the actions the Council has taken to investigate, accept fault, and apologise for the impact of its fault. It is unlikely an Ombudsman investigation would add anything further.

The complaint

1. Mr B says the Council took too long to complete a safeguarding enquiry causing emotional distress and family difficulties. Mr B says the Council did not treat him fairly and did not keep him informed. Mr B has concerns about the support Mr C receives from his care provider, such as having to approve family holidays and activities. Mr B would like an apology and compensation.

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The Ombudsman’s role and powers

2. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended). Mr C consented to Mr B acting for him.
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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
5. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council is responsible to meet Mr C’s adult social care needs. The Council is also the local safeguarding authority, which means it is responsible to protect vulnerable adults in its area from abuse and neglect. The Council received a report about potential financial abuse of Mr C by Mr B. The Council had a duty to properly consider this report even though it is distressing for Mr B.
9. The Council accepts delay in its safeguarding enquiry and some failure to properly communicate with Mr B. The Councill has apologised to Mr B for the distress this caused. The Council also said it would learn lessons from the complaint. This is satisfactory action in response to the complaint, and it is unlikely an Ombudsman investigation would add anything further.
10. I have not seen evidence Mr B has raised concerns about Mr C’s care support with the Council. The Council should have an opportunity to consider those issues first and so I have not considered them.

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Final decision

11. We will not investigate Mr B’s complaint because the Council has taken satisfactory action to accept fault in its safeguarding enquiry and apologise for the impact on Mr B. It is undoubtedly stressful being the subject of a safeguarding enquiry but that is not caused by Council fault. However, the delay by the Council and failures in communication caused unnecessary distress. It is unlikely an Ombudsman investigation would achieve anything further than the Council’s investigation. The apology is enough to acknowledge the impact of the fault.
12. Mr B also raises other concerns about Mr C’s care support. We will not investigate those issues because we are not satisfied the Council has had an opportunity to investigate and reply.

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Investigator's decision on behalf of the Ombudsman