Summary: We will not investigate this complaint about the Council’s failure to verify allegations made against Mr X before initiating safeguarding proceedings. This is because an investigation would be unlikely to find fault with the Council’s actions and there is insufficient injustice to Mr X to warrant an investigation.

The complaint

1. Mr X complained the Council failed to verify allegations made against him before initiating safeguarding proceedings. He said this caused him 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, or
• any injustice is not significant enough to justify our involvement.

(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 complained the Council initiated safeguarding proceedings after a disclosure was made following a visit he made to a friend who lives in a residential care home. He was made subject to a safety plan which prevents him from visiting his friend in their bedroom or taking them out without supervision. He said the Council failed to give him the opportunity to dispute the allegations and asked for a face-to-face meeting.
6. The Council said Mr X was given the opportunity to air his views on the situation when he spoke to the care home manager and social worker involved. The Council also noted Mr X's perspective in the emails he sent. The Council explained it had a duty of care to Mr X’s friend and the safety plan was put in place with their approval.
7. Mr X remains unhappy with the Council’s actions and wants us to find it at fault. The evidence shows the Council has shown due regard to its duties under the Care Act 2014 but has not prevented Mr X from visiting his friend. It has also demonstrated it is aware of Mr X’s view of the matter and it has explained why it has put a safety plan in place. There is no evidence of fault on the Council’s part or any indication that Mr X has been put to significant injustice due to this matter. An investigation would therefore be unlikely to find fault or significant injustice.

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Final decision

8. We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions and there is insufficient injustice to Mr X to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman