Summary: We will not investigate Mr X’s complaint that the Council failed to investigate his safeguarding concerns about his adult child, Mr Y. There is not enough evidence of fault to justify us investigating.

The complaint

1. Mr X complains the Council failed to investigate safeguarding concerns he raised about his adult child, Mr Y. He also complains the Council failed to gather information from him or his family, or share information with him about Mr Y. He wants the Council to undertake safeguarding enquiries under section 42 of the Care Act 2014. He also wants the Council to involve him and his family as part of its investigation and share information about Mr Y.

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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. A council must make enquiries if it thinks a person may be at risk of abuse or neglect and has care and support needs which mean the person cannot protect themselves. A council must also decide whether it or another person or agency should take any action to protect the person from abuse. (section 42, Care Act 2014)
6. The evidence I have seen shows the Council properly assessed the safeguarding referrals it received about Mr Y. As part of its assessment, it gathered further information from relevant parties. It decided the referrals did not meet the criteria for safeguarding enquiries under section 42.
7. I am satisfied the Council gathered information and considered the safeguarding referrals in line with statutory guidance. It was for the Council to decide who it needed to contact to assess the referrals. It decided it did not need to contact Mr X. I am satisfied it considered relevant information in reaching its decision. The Council was not required to share any information about its assessment with Mr X, as it does not have Mr Y’s consent to. There is not enough evidence of fault by the Council to justify us investigating.

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Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman