Summary: We will not investigate this complaint about adult safeguarding. This is because there is not enough evidence of fault in how the Council decided what was proportionate action in the circumstances. It is unlikely an Ombudsman investigation would add to the Council’s investigation or lead to a different outcome.

The complaint

1. Ms C said the Council failed to take seriously her concerns about coercion of her relative, Ms D. Ms C felt helpless and gas lighted by the Council as it said it was a family dispute. Ms C wants the Council to have specialist training on cases of coercion, and how communication barriers impact the situation, especially in the cases of minority groups.

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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
• 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))

3. 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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council is the local safeguarding authority. It is responsible to protect the rights of vulnerable people in its area to live in safety, free from abuse and neglect.
7. Ms C raised a safeguarding concern with the Council about coercive control of Ms D. At this point Ms D was receiving end of life care, and the Council decided it was not proportionate to carry out a safeguarding enquiry and cause Ms D any distress. Ms D received daily visits from medical professionals who could raise any concerns. The Police, GP and hospital had no concerns and so the Council decided not to make a safeguarding enquiry in those circumstances.
8. Although Ms C disagrees with the decision the Council made, I consider there is not enough evidence of fault in the decision-making process. The Council considered the views of Ms C and of professionals involved in Ms D’s care, and considered Ms D’s personal situation, to decide what was proportionate action.
9. The Council has given Ms C a thorough response to her complaint, and it is unlikely an Ombudsman investigation would add anything further.

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Final decision

10. We will not investigate Ms C’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman