Summary: We will not investigate this complaint about the Council’s response to a neighbourhood concern about the welfare of an individual. There is no worthwhile outcome achievable.

The complaint

1. Mr X complains the Council has failed to effectively respond to his report involving a welfare concern, about an individual, affecting his neighbourhood. He also complained the Council has not done enough to identify who has liability for any damages caused by that individual. Mr X wants the Council to take action to prevent further incidents and for the council to provide liability details.

Back to top

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 no worthwhile outcome achievable by us investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The Council has investigated Mr X’s concerns about the welfare and placement of an individual (Y), who has care and support needs. It has identified who has the care responsibility for Y and said it had shared the safeguarding information it had received with the relevant partners involved in Y’s care. It also determined that another Council (Authority A) had responsibility for commissioning the care provider. The Council also explained why it decided no further safeguarding action was necessary on its part.
6. There is no worthwhile outcome by us investigating. The Council has investigated its safeguarding duties to Mr X. It has decided there is no outstanding duty but has shared concerns with the bodies concerned with Y’s care and wellbeing.
7. Additionally, the Council provided Mr X with the context of who the care provider was, and it declined any liability for damages. The Council is not under a duty to identify who is alternatively liable if it believes it is not. We cannot achieve this for him or direct the Council that it must. If Mr X believes the Council is liable, then only a court can decide this.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because an investigation is unlikely to lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman