Summary: We will not investigate Mr X’s complaint about the Council failing to safeguard his relative. This is because there is insufficient evidence of fault by the Council and a further investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Council failed to take appropriate action in response to his safeguarding concerns about his relative. He said as a result, his relative is at serious risk of harm. It has caused Mr X and the family distress. He wants the Council to take appropriate action to safeguard his relative from harm.

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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
• further investigation would not lead to a different outcome.

(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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X said his relative has serious mental health needs and has raised concerns with the Council about the risk of harm they are facing without help from the Council.
6. In response to Mr X’s concerns, the Council has said Mr X’s relative has the mental capacity to make specific decisions about themselves and has told the Council not to share any information about them with their family. It said it takes such safeguarding concerns seriously.
7. We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council. The Council has explained to Mr X that due to their relative having mental capacity and not consenting to sharing information with him and the family, it cannot do so. The Council must respect the decision of Mr X’s relative. A further investigation by the Ombudsman would not lead to a different outcome.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council and a further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman