Summary: We will not investigate Ms X’s complaint about how the Council communicated with her about her mother. There is insufficient remaining injustice and insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains the Council:
• did not communicate with her about her mother and held a meeting with her mother without her.
• excluded her from conversations and decisions about her mother.
• did not respond to more than 20 emails during an active safeguarding investigation.
• did not provide her with documents connected with a court case.
2. Ms X says this has caused her distress and prevented her from having normal contact with her mother.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
5. 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
• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

8. Ms X told the Council of safeguarding concerns about her mother. The Council told Ms X there was an open safeguarding process about Ms X and her relationship with her mother. The Council advised Ms X that her mother did not wish to have contact with her and did not want her personal information shared with Ms X. The Council must follow the law, including the Care Act 2014, the Mental Capacity Act 2005, and Data Protection Laws. The Council explained it could not communicate with her about her mother or involve her in conversations or decisions about her mother because her mother did not want this. There is insufficient evidence of fault to warrant an investigation.
9. The Council investigated the safeguarding concerns. Ms X said the Council completed its investigation and did not show Ms X any safeguarding finding which established Ms X posed a risk to her mother. While this may have been distressing for Ms X there is insufficient remaining injustice to warrant an investigation. There is also insufficient remaining injustice to Ms X arising from the Council not responding to her emails during this period.
10. Ms X complains the Council failed to provide her with documents about a court case. The Council said it sent the documents to Ms X’s solicitor and will not provide them again as the hearing has ended. Ms X needs to complain to her solicitor if her solicitor did not give her the documents from the Council because the solicitor was acting on her behalf. We cannot consider a complaint about the start of court action or what happened in court.

Back to top

Final decision

11. We will not investigate Ms X’s complaint about how the Council communicated with her about her mother. There is insufficient remaining injustice and insufficient evidence of fault to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman