Summary: We will not investigate this complaint about the way the Council investigated safeguarding concerns reported by the complainant. There is not enough evidence of fault to justify investigating.

The complaint

1. Ms B complains about the way the Council completed an adult safeguarding enquiry when she reported safeguarding concerns. She says the Council failed to act to support her when she reported the abuse and complains it closed her case without acting. Ms B says because of this her physical health is worsening because of her experience. Ms B wants the Council to provide support to help her get intervention from the police.

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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. A council must make enquiries if it thinks a person may be at risk of abuse or neglect and has care and support needs which mean the person cannot protect themselves. An enquiry is the action taken by a council in response to a concern about abuse or neglect. An enquiry could range from a conversation with the person who is the subject of the concern, to a more formal multi-agency arrangement. A council must also decide whether it or another person or agency should take any action to protect the person from abuse. (section 42, Care Act 2014)
6. Ms B said she reported safeguarding concerns to the Council from late 2024 as she was experiencing physical abuse. She said a Council officer came to visit her at her property and took a report about the abuse she was experiencing. The Council confirmed this was the case.
7. The Council said it asked the community mental health team (CMHT) to make further safeguarding enquiries. An officer from the CMHT visited Ms B to investigate the concerns in line with the Council’s safeguarding procedures. The Council said Ms B did not share names of the alleged perpetrator.
8. Following the further enquires the Council said it could not establish how Ms B had sustained the injuries. It closed the safeguarding enquiry and referred said the CMHT offered Ms B support which she declined.
9. Ms B said the Council failed to tell her what was happening and did not answer her phone calls. She said the Council did not help her to escalate her concerns to the police.
10. There is not enough evidence of fault to justify investigating Ms B’s complaint. The Council considered her concerns in line with its safeguarding procedures and investigated based on the information available. This does not support Ms B’s view the Council closed her case without acting.
11. Ms B says the Council did not support her to get the police to be more proactive. The Council could not determine how Ms B had sustained the injuries. It is for the police to decide whether the threshold for a criminal matter investigation has been met. Ms B should make a complaint to the relevant police force if she is unhappy with the response she has received from the police.

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Final decision

12. We will not investigate Ms B’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