Summary: We will not investigate Mr X’s complaint about the Council refusing to consider his complaint about a safeguarding matter and not sharing information with him. This is because it is unlikely we would find fault with the Council.

The complaint

1. Mr X complained the Council refused to consider his complaint due to an ongoing safeguarding investigation in relation to his relative. Mr X also complained the Council said it would be limited to what it could share with him due to him not having a legal role in his relative’s care. The matter caused Mr X distress.

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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))

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How I considered this complaint

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

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My assessment

5. Mr X raised safeguarding concerns about his relative to the Council. In response, the Council initiated a safeguarding investigation.
6. Mr X also submitted a complaint to the Council about the same concerns. The Council said it was not able to address his concerns whilst there was an ongoing safeguarding investigation. It also explained it could not address his same concerns via its complaints procedure.
7. It is unlikely we would find fault with the Council. The concerns Mr X raised through the complaints process relate to the same matters being considered through the safeguarding process. We consider it was reasonable for the Council to address these concerns through the safeguarding process rather than duplicate the investigation through its complaints procedure. This reduces the risk of duplication or conflicting findings. The Council has not refused to consider Mr X’s concerns. It has explained that they will be considered as part of the safeguarding process.
8. Mr X does not have a legal role in his relative’s care and therefore the Council is entitled to consider what information it can lawfully share with him. The Council must have regard to its duties to protect his relative’s privacy and personal information. It was therefore reasonable for the Council to explain that there would be limits on the information it could disclose to Mr X.
9. For the reasons set out above, we will not investigate Mr X’s complaint.

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Final decision

10. We will not investigate Mr X’s complaint because it is unlikely we would find fault with the Council.

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Investigator's decision on behalf of the Ombudsman