Summary: We will not investigate this complaint about the Council allowing Mr X’s family member to make false allegations about him. There is no evidence of fault by the Council.

The complaint

1. Mr X complained the Council allowed his family member to make a false allegation about him relating to his mother. He says the matter has caused him significant distress and will likely encourage the family member to make further false allegations. He wants the Council to send the person a warning letter stating they should not make false allegations.

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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
• we cannot achieve the outcome someone wants.

(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 the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s complaint concerns the Council’s response when his family member made an allegation about him. Mr X says the allegation was false, and the Council should have discouraged the person from making further accusations.
6. The Council has a responsibility to consider any concerns that are raised with it relating to a vulnerable adult in its area. It is not for the Council to discourage people from raising concerns, and we would likely be critical if it did so unless there was a clear justification. We could not therefore recommend the Council takes the action Mr X seeks as an outcome from complaining.
7. It is not fault for the Council to have considered the concern, and it is not fault that it did not then take action to dissuade the person from making further allegations.
8. There is no evidence of fault in the Council’s actions that would justify us investigating the matter. It is open to Mr X to contact the police, as suggested by the Council, about the person making allegations he says are unfounded.

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Final decision

9. We will not investigate Mr X’s complaint because there is no evidence of fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman