Summary: We will not investigate this complaint about the Council taking no further action following a safeguarding referral. We are unlikely to find fault with the Council, and we cannot investigate the National Health Service.

The complaint

1. Mr X complains that after he told the Council he was being abused by the National Health Service (NHS), the Council decided not take safeguarding action. Mr X says he feels abandoned by the Council and wants and the Council to conduct a full safeguard investigation into his concerns.

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The Ombudsman’s role and powers

2. 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)
3. 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 there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mr X
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. A council must make enquiries if it thinks a person may be at risk of abuse or neglect and has care and support needs which mean the person cannot protect themselves. An enquiry is the action taken by a council in response to a concern about abuse or neglect. An enquiry could range from a conversation with the person who is the subject of the concern, to a more formal multi-agency arrangement. A council must also decide whether it or another person or agency should take any action to protect the person from abuse. (section 42, Care Act 2014)
7. Mr X lodged a safeguarding self-referral with the Council due to his belief he was a victim of institutional abuse by the NHS. The Council had a conversation with Mr X and recorded his concerns.
8. 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 Mr X disagrees with the decision the organisation made.
9. The Council considered Mr X’s safeguarding self-referral fully and decided Mr X’s case did not meet the conditions for further safeguarding action. The Council, did though, advise Mr X on where he could find further support or escalate his complaint about the NHS to the appropriate ombudsman’s service. Mr X complained to the Council about the decision, and it was reviewed as part of the complaints process. The Council upheld the decision. We are unlikely to find fault with the Council for how it came to its decision. In any case, there is no worthwhile outcome achievable, we cannot investigate the NHS.

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Final decision

10. We will not investigate Mr X’s complaint because we are unlikely to find fault with the Council and there is no worthwhile outcome achievable.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman