Summary: We will not investigate Miss X’s complaint about a Council safeguarding decision. This is because there is insufficient evidence of fault.

The complaint

1. In short, Ms X says the Council failed to properly consider her safeguarding concerns about a community organisation providing support to vulnerable women.
2. Ms X says a worker at the organisation engaged in unprofessional conduct and withdrew counselling support after she raised concerns.

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

4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X says she complained to the Council's safeguarding team. She says she raised concerns about unprofessional conduct by staff, including breach of confidential information, in a community organisation set up to help vulnerable women.
8. Ms X complains about the Council’s decision that her concerns did not meet safeguarding criteria. She reports that it suggested she contact the Charity Commission and the Information Commission instead.
9. We will not investigate. This is because there is not enough evidence of fault to justify investigating. The information seen shows the Council considered Ms X’s concerns and decided they did not meet the threshold for a response by the safeguarding team. Further, it signposted Ms X to other bodies better placed to consider data protection and charity governance.
10. I appreciate Ms X disagrees with the Council’s decision. However, disagreement with the professional judgement by a qualified officer does not necessarily indicate administrative fault warranting an Ombudsman’s investigation.

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Final decision

11. We will not investigate Ms X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman