Summary: We will not investigate this complaint about the way the Council followed its safeguarding procedures and recorded safeguarding information. There is not enough evidence of fault to justify investigating this complaint.

The complaint

1. Mrs B complains the Council recorded false statements made about her after it received a safeguarding referral form elating to alleged risks she posed to her father. Mrs B says the information is untrue and the Council recorded the information before investigating the allegations. Mrs B says the false statements now form part of a court order which restricts her from seeing her father when she wants to. As an outcome, she wants the Council to remove the false information it holds about her from its records and inform the court that was involved in separate proceedings at the time of events.

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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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council received safeguarding referral form that contained allegations made against Mrs B and the alleged risks she posed to her father, Mr C. The Council recorded the information and determined the criteria for a section 42 Care
   Act 2014 enquiry had been met.
6. 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. An enquiry is the action taken by a council in response to a concern about abuse or neglect. An enquiry could range from a conversation with the person who is the subject of the concern, to a more formal multi-agency arrangement. A council must also decide whether it or another person or agency should take any action to protect the person from abuse.
7. The Council was not involved in the court proceedings that relate to the court order Mrs B refers to in her complaint. The information contained within the safeguarding referral form was not written by the Council but was compiled by the referrer. The Council has explained to Mrs B it cannot delete this information because it now forms part of Mr C’s adult social care records. This does not mean the Council agrees with the allegations.
8. Although the Council decided the referral information met the threshold for a section 42 enquiry it did not come to a view about the allegations. The Council stopped its enquiries because the court proceedings provided an outcome that allowed it to come to this decision. The Council explained this to Mrs B when it responded to her complaint. It also assured her the safeguarding process was closed without an outcome.
9. We will not investigate Mrs B’s complaint because there is not enough evidence of fault to justify investigating. In making its decision, the Council took account of the relevant guidance, its own policies and the information received. The Council followed the appropriate procedures when making this decision and I cannot therefore criticise it.

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Final decision

10. We will not investigate Mrs B’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman