Summary: We will not investigate this complaint about the care provider’s response to Mr X’s report of a safeguarding concerns. This is because there is insufficient evidence of fault and it is unlikely we could add anything to the investigation already carried out.

The complaint

1. Mr X complained the care provider failed to appropriately investigate his report of a safeguarding concern. He says the matter has caused him distress. He wants the provider to accept there was a safeguarding incident and accept failings in how it handled the case.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Care Provider.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. At the start of 2023, the care provider delivered care for Mr X’s partner Ms Y. Mr X complained that in February 2023, a carer left Ms Y alone with a family member for a short period, who physically and verbally abused Ms Y during this time. He says the care provider has refused to fully investigate the incident.
6. We will not investigate this complaint. I have seen records of the care provider’s investigation which shows it considered all his points of complaint but found no evidence to support his allegations. There is insufficient evidence of fault in how it considered his concerns and it is unlikely an investigation by us would lead to a different outcome.
7. Mr X also reported his concerns to the local Council as a safeguarding matter. The Council found there was insufficient evidence to warrant further investigation. If Mr X is unhappy with this decision, it is open for him to complain to the Council.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because it is unlikely further investigation by us would lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman