Summary: We will not investigate this complaint about the Council’s handling of Mr X’s safeguarding concern because there is not enough evidence of fault.

The complaint

1. Mr X complains the Council failed to address his safeguarding complaint regarding his accommodation. He says he is at risk of falling from the low windows in his current property during blackouts.

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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 there is not enough evidence of fault to justify investigating. (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)

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How I considered this complaint

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

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My assessment

6. The Council has a duty to make safeguarding enquiries if it considers an adult is at risk of abuse or neglect.
7. The Council’s records show it found Mr X had care and support needs and was at risk of harm due to the unsuitability of his living environment. However, it found no evidence of abuse or neglect by another person. It noted it had offered Mr X a care assessment and housing assessment but he had declined.

8. The Council told Mr X his concerns did not meet the threshold for safeguarding enquiries.
9. There is not enough evidence of fault in the Council’s handling of Mr X’s safeguarding concerns to justify an investigation.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman