Summary: We will not investigate this complaint about adult safeguarding. The Council considered the safeguarding referrals but did not let the complainant know the outcome. It has apologised for that, which is satisfactory action. It is unlikely we would add anything further or reach a different outcome.

The complaint

1. Ms E said the council failed to take seriously her safeguarding concerns and has not taken any action to protect her relative. Ms E is worried her relative is not properly cared for.

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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:

• 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.

(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)
4. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

7. The Council is the local safeguarding authority. This means it is responsible to protect vulnerable adults living in its area from abuse or neglect.
8. Ms E raised concerns which the Council did not respond to. The Council has since given Ms E a detailed response to her complaint and has apologised it did not respond. The Council explains it does not have consent from the relative to share any information with Ms E. It considered her concerns but did not share any outcomes. Though this would be frustrating, it is not a significant enough injustice to justify an Ombudsman investigation, and the apology is enough to acknowledge that frustration.
9. Although Ms E thinks the Council should take some action, it has followed the correct process to consider her concerns and decide what action to take, if any. It cannot tell Ms E any detail about what it has done. The Ombudsman cannot criticise the Council where it has followed the correct process, even though Ms E disagrees with the outcome.

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Final decision

10. We will not investigate Ms E’s complaint because we are satisfied with the actions the Council has taken. It has apologised to Ms E for not contacting her in response to her safeguarding concern to say what it had done. It is unlikely an Ombudsman investigation would add anything further or reach a different outcome.

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Investigator's decision on behalf of the Ombudsman