Summary: We will not investigate this complaint about the Council’s action relating to, and its decision to close, a safeguarding enquiry. We are unlikely to find fault with the Council.

The complaint

1. Mrs Y complains the Council prematurely closed its safeguarding enquiry concerning her relative, (Ms X). Mrs Y says greater Council intervention may have prevented Ms X’s subsequent passing. Mrs Y wants the Council to conduct a safeguarding adults review.

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The Ombudsman’s role and powers

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 cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

2. I considered information provided by Mrs Y.
3. I considered the Ombudsman’s Assessment Code.

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My assessment

4. Following a referral that another person made to the Council about Mrs X, it conducted enquiries under section 42 of the Care Act to investigate a safeguarding concern. On balance of the evidence I have seen, it visited Mrs X and sought her views. Because it was concerned about Mrs X’s living conditions, it offered her support, including respite care and said it could arrange for a clean-up of her property. Ms X declined support.
5. The Council also assessed Ms X’s mental capacity. As Ms X was assessed as having mental capacity, to be able to make her own decisions, the Council did not have the authority to override Ms X’s refusal of further support. The Council took what steps it could to improve Ms X’s living conditions, including contacting Ms X’s immediate family relatives. It then closed its safeguarding enquiry.
6. We will not investigate this complaint because we are unlikely to find fault with the Council’s decision to close the case under these circumstances.

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Final decision

7. We will not investigate Mrs Y’s complaint because we are unlikely to find fault with the Council.

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Investigator's decision on behalf of the Ombudsman