Summary: We will not investigate this complaint about the Council’s decision to not start or consider an investigation in line with its adult safeguarding procedures. There is not enough evidence of fault to justify investigating.

The complaint

1. Miss Y complains the Council failed to start an adult safeguarding investigation after she submitted serious concerns about a person (Mx D) who she says posed a risk to her and her children through their professional role. Miss Y says she provided evidence to the Council which included evidence of historical abuse and connection to a case the police had dealt with. Miss Y says the Council’s failure to act leaves her feeling ignored, at risk and vulnerable. She says she continues to experience emotional distress and concerns for the safety of her children. Miss Y wants the Council to investigate the concerns under its adult safeguarding procedures and review why her concerns have been dismissed.

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The Ombudsman’s role and powers

2. 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss Y complained to the Council in July 2025 stating the Council had dismissed her safeguarding concerns she had alerted in relation to an adult, Mx D, who posed a risk to Miss Y, her children and members of the public. Miss Y said she wanted the Council to investigate her concerns and confirm whether it would consider safeguarding including making referral to the NHS or community mental health team in relation to Mx D.
6. The Council replied to Miss Y’s complaint and said it could only follow its adult safeguarding procedures in line with section 42 of the Care Act 2014 if there was an adult at risk. It said Miss Y had not reported concerns relating to abuse or neglect being experienced by a vulnerable adult living in its area, so it did not have a responsibility to act. The Council said Miss Y should contact the police if she felt Mx D presented an active risk. It said the police could make referrals as necessary if it had concerns.
7. Miss Y remained unhappy with the Council’s response and ask it to consider her complaint at stage two of its complaint procedures. She said it had failed to acknowledge the severity and pattern of behaviour she had described and the fact there was an open police investigation.
8. The Council responded to the complaint at stage two and said it could not consider the complaint further. It said the issues Miss raised referred to communication between her and Ms D regarding contact arrangements for Miss Y to have contact with her child who was subject to a court order. The Council said this did not create a duty under adult safeguarding procedures.
9. We will not investigate Miss Y’s complaint because there is not enough evidence of fault to justify investigating. The evidence available suggests Mx D is known to Miss Y because of a court order in place for her child. Miss Y also refers to historical connections. The Council decided the concerns do not meet the threshold for an adult safeguarding enquiry. There is not enough evidence to say, on balance, there is fault in the way the Council made its decision.

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Final decision

10. We will not investigate Miss Y’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman