Summary: We will not investigate Ms X’s complaint about the Council’s handling of safeguarding concerns. The Council has already provided a suitable remedy, and we cannot achieve the remaining outcomes Ms X wants.

The complaint

1. Ms X complains the Council failed to properly investigate safeguarding concerns. She feels the social worker involved in her case communicated poorly and lacked empathy.

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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 we could not add to any previous investigation by the organisation, or we cannot achieve the result someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
3. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended).

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How I considered this complaint

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

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My assessment

6. Ms X had been caring for her mother, Ms Y before her death. During this time, safeguarding concerns had been raised by Ms X about her mother’s finances and wellbeing. Other family members also raised concerns about Ms Y in Ms X’s care. These were investigated and not substantiated.
7. Ms X complains that a social worker involved in a safeguarding investigation did not act correctly. She says the social worker lacked empathy and the skills needed to manage the situation effectively. Ms X feels that both she and her mother were dismissed and ignored during the investigation, and that poor communication throughout the process caused her avoidable stress and distress.
8. The Council investigated Ms X’s complaint and accepted that, although the correct procedures were followed, communication during the safeguarding process did not meet the standard of clarity and sensitivity it expected. The Council apologised to Ms X and completed more staff training to help prevent similar issues occurring in future. It has therefore provided a suitable remedy for this part of the complaint.
9. Ms X remained unhappy with the Council’s response because she wanted a formal apology from the social worker and for them to be dismissed. However, we cannot investigate personnel matters or require remedies from individual members of staff. We would not be able to achieve the result Ms X seeks.

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Final decision

10. We will not investigate Ms X’s complaint. The Council has already provided a suitable remedy, and we cannot achieve the outcome Ms X seeks.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman