The Ombudsman's final decision
Summary: We will not investigate this safeguarding complaint. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We are unlikely to find evidence of fault by the Council.
The complaint
In summary, Mr Y complains that his friend, Mr X, who has care and support needs, is being neglected and financially abused by his carer. Mr Y says the Council has failed to consider his complaints properly.
The Ombudsman’s role and powers
We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide we are unlikely to find evidence of fault. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
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.
With respect to Mr Y’s concerns about Mr X, I have seen information showing the Council wrote to Mr Y to acknowledge his complaint and then advise of its findings.
The Council’s final letter advised Mr Y it found no information to substantiate Mr Y’s concerns. It also advised that Mr X did not wish for contact with Mr Y or his personal information to be shared.
In addition, the Council has advised that it will revisit the issue in future to see if Mr X changes his mind about contact with Mr Y. Further, it arranged a follow up meeting next month with Mr Y to discuss the situation further.
Final decision
We will not investigate Mr Y’s complaint. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate as we are unlikely to find evidence of fault.
Investigator's decision on behalf of the Ombudsman