Summary: We will not investigate the Council’s response to Mrs X’s concerns about safeguarding a relative, Mrs Y. This is because I do not see evidence of fault in the Council’s actions to warrant an investigation.

The complaint

1. In short, Mrs X complains the Council failed to safeguard Mrs Y from being abused by Mrs Z. Mrs X says this caused distress to both her and Mrs Z.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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

3. I considered the complaint information provided by the complainant which includes the Council’s response.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. I do not intend to cover every aspect of the complaint raised by Mrs X. This is because a previous investigation (22010797) completed in April 2023 found no fault in the Council’s handling of the safeguarding issues. It found some fault in delaying the complaints investigation and not responding to Mrs X. But overall, we decided there was no injustice to Mrs X.
6. In August 2023, an Independent Investigator commissioned by the Council produced a report on Mrs X’s continuing complaints about safeguarding and the harm caused to her and Mrs Y by Mrs Z.
7. In conclusion, three complaints were not upheld. And one complaint was partially upheld.
8. The remedy to the partially upheld complaint was a general service improvement for the Council. It was recommended it review its Mental Capacity Act policy and how it supervises officers dealing with safeguarding. The Council accepted the recommendation. And advised Mrs X to consider taking her own legal action against the family member she did not get on with.
9. We will not investigate as there is no evidence of fault in the Council’s response to Mrs X’s continuing safeguarding complaints. I recognize she does not agree but that is not necessarily evidence of the Council acting with fault.
10. As it appears, the crux is Mrs X being aggrieved with Mrs Z’s actions. Mrs X can consider taking civil action for harassment against Mrs Z.

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Final decision

11. We will not investigate Mrs X’s complaint because we are unlikely to add anything to the response already sent by the Council.

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Investigator's decision on behalf of the Ombudsman