The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about a safeguarding investigation. There is insufficient evidence of fault to justify investigating.
The complaint
Mrs X complains the Council’s social services harassed her, swore at her, and vandalised her home while investigating safeguarding concerns.
The Ombudsman’s role and powers
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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council received safeguarding referrals from professional agencies raising concerns about Mrs X’s safety.
The Council has a duty to protect vulnerable adults. This is safeguarding. When the Council receives a concern about a vulnerable adult it must make necessary enquiries about the concern and act to keep the adult safe.
The Council followed its safeguarding process and investigated the concerns it received. While I recognise Mrs X did not want the concerns to be investigated, after reviewing the referrals, I am satisfied the Council had a duty to investigate. I have also seen no evidence Council employees harassed and swore at Mrs X or vandalised her home during their investigations. There is insufficient evidence of fault to justify investigating.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman