Summary: We will not investigate this complaint about adult safeguarding. This is because there is not enough evidence of fault. The Council followed its process to consider the concerns, and has explained why it could not share its findings with the referrer.

The complaint

1. Ms B said the Council labelled her as vexatious in 2010 and continues to use this without lawful basis. Ms B said the Council has kept her estranged from her relative for 17 years. Ms B said she reported her relative was unkempt and was forced to attend swimming despite a phobia, but the Council has failed to act and to safeguard her relative. This is causing distress and Ms B wants her relative moved to a suitable residential placement.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. 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)

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How I considered this complaint

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

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My assessment

7. We cannot look at any decision to label Ms B vexatious that happened many years ago, nor can we look at decisions made years ago about contact between Ms B and her relative. I can see no good reason why Ms B could not have raised these concerns sooner.
8. However, where a council decides to limit contact with complainants it decides are vexatious, we expect it to keep that under regular review. I contacted the Council to ask about this; it told me it does not record Ms B as vexatious and there is no ban on her contacting the Council.
9. Ms B’s relative, X, is an adult with care and support needs. X’s care is arranged by the NHS and so we have no powers to consider whether X’s care support is meeting his needs. Ms B has already contacted the relevant NHS body, and that is the correct action to take. The NHS is the body that can consider changing X’s care support, such as a move to a supported living placement.
10. I understand the court has made decisions about Ms B’s contact with X. We have no powers to consider decisions made by a court. Ms B would need to return to court to challenge this.
11. The Council is the local safeguarding authority. This means it is responsible to protect an adult’s right to live in safety, free from abuse and neglect. Its duties apply to all adults living in its area who have care and support needs. The Council is therefore responsible to safeguard X.
12. Ms B raised safeguarding concerns with the Council about X within the last 12 months. The Council considered these concerns in line with its process. The Council could not share its findings with Ms B even though she was the referrer. It says information about X should not be shared with Ms B following a court order. While I appreciate this is upsetting for Ms B, it is unlikely we would find the Council at fault.

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Final decision

13. We will not investigate Ms B’s complaint because there is not enough evidence of fault by the Council on how it considered Ms B’s safeguarding concerns. There is no evidence to support the Council labels Ms B as vexatious.
14. We will not investigate issues that happened more than twelve months ago. Many of Ms B’s concerns are not issues we have the powers to consider, because the NHS or court are responsible.

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Investigator's decision on behalf of the Ombudsman