Summary: We will not investigate this complaint about the Council’s decision a safeguarding concern raised by Miss X did not meet the threshold for a safeguarding enquiry. There is not enough evidence of fault to justify investigating.

The complaint

1. Miss X complains the Council incorrectly decided safeguarding concerns she raised about the ambulance service did not meet the threshold for a section 42 Care Act 2014 enquiry. Miss X says the Council determined she can protect herself because she can self-advocate and raise concerns. She says she cannot protect herself because the concerns relate to a person in a position of trust.
   Miss X says as a result she is experiencing institutional neglect and cannot call for help when there is an emergency. She wants the Council to accept the safeguarding concern meets the threshold for a section 42 safeguarding enquiry.

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 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))

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant including the Council’s response to her complaint.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. A council must make necessary enquiries if it has reason to think a person may be at risk of abuse or neglect and has needs for care and support which mean he or she cannot protect himself or herself. It must also decide whether it or another person or agency should take any action to protect the person from abuse or risk. (Section 42, Care Act 2014)
7. The Care Act 2014 Statutory Guidance requires that Safeguarding Adults Boards establish a framework and process for any organisation to respond to allegations against anyone who works (in either a paid or an unpaid capacity,) with adults with care and support needs.
8. Miss X complained to the Council about the way it had followed its safeguarding process and reached decisions about her safeguarding concern. She also the Council why it had not followed the Position of Trust Process in relation to her concerns about the ambulance service.
9. The Council reviewed its records and found it had followed its safeguarding processes by gathering information relevant to the safeguarding concern. It said it had recorded an appropriate outcome and shared this with Miss X.
10. The Council told Miss X its policy did not cover complaints or concerns raised about the quality or professional practice provided by a person in a position of trust. It told Miss X she would need to complain to the ambulance service directly or to the Parliamentary and Health Service Ombudsman.
11. We will not investigate Miss X’s complaint as there is not enough evidence of fault to justify investigating. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether the complainant disagrees with the decision the organisation made.

Back to top

Final decision

12. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify investigating.

Back to top

Investigator's decision on behalf of the Ombudsman