Summary: We will not investigate this complaint about action the Council took when receiving a safeguarding referral. There is not enough evidence of fault to warrant further investigation.

The complaint

1. Mrs X complains about action the Council took about a safeguarding referral. She says the Council’s treatment violated her rights and has left her feeling treated as lacking capacity.
2. Mrs X wants the Council to restrict access to safeguarding reports made about her. Mrs X wants the Council to compensate her for the actions it took which she feels restricted her ability to achieve.

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The Ombudsman’s role and powers

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
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

4. I considered information provided by Mrs X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X submitted a Subject Access Request (SAR) to the Council, which she received in January 2025.
7. In September 2021, Mrs X reported a theft at her property and the Police attended. Following this, the police submitted a safeguarding referral to the Council with concerns for her wellbeing. Mrs X first saw this report when receiving the SAR documentation from the Council.
8. As part of its consideration, the Council shared information with services. Mrs X feels this violated her rights as her data was shared without consent. The Care and support statutory guidance outlines how early sharing of information is key to providing an effective response. The Council shared information in Mrs X’s best interest. There is not enough evidence of fault in how the Council handled this information for us to consider this point further.
9. Having considered the referral, the Council decided it did not need to take any further action. Any injustice caused to Mrs X is therefore not a result of any action taken by the Council.
10. Mrs X complains about the content of the Police report. Any complaint about actions taken by the Police is out of our jurisdiction. Mrs X may be able to complain to the Independent Office for Police Conduct (IOPC).
11. Mrs X wants the Council to correct its records. The Council says the record is accurate. Mrs X may approach the Information Commissioner’s Office (ICO) if she believes it to be inaccurate.

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Final decision

12. We will not investigate Mrs X’s complaint about the Council’s handling of a safeguarding referral because there is not enough evidence of fault to warrant further investigation.

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Investigator's decision on behalf of the Ombudsman