Summary: We will not investigate this complaint about adult safeguarding. The Council has referred the matter to the Court of Protection. The Court is best placed to consider the safeguarding concerns.

The complaint

1. Mr X complained about the actions of a Council Social Worker. He said they failed to safeguard, Mrs Y. He said Mrs Y was at risk from Ms W. He said Ms W influenced Mrs Y’s decision making and had previously financially abused Mrs Y. He said the Council had agreed a contact plan between Ms W and Mrs Y but failed to enforce it. He said that caused Mrs Y’s mental and physical health to deteriorate.
2. Mr X wants the Council to remove the Social Worker from practice. He also wants the Council to complete a further capacity assessment for Mrs Y, as he believes she is at continued risk of abuse from Ms W.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
5. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
6. 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)
7. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. We will not investigate Mr X’s complaint the Council failed to safeguard Mrs Y. The Council has asked the Court of Protection to review Mrs Y’s Lasting Power of Attorney, care provision and contact arrangements with Ms W. We cannot investigate matters that are being considered by the Court. It is appropriate for Mr X to raise any safeguarding concerns he has about Ms W with the Court.
11. Mr X raised specific concerns about Mrs Y’s Social Worker and their competency in managing the case. We cannot revoke the Social Worker’s registration to practice. Mr X has complained to Social Work England. This organisation is best placed to deal with his complaint. The Council has also allocated Mrs Y a new Social Worker. Further investigation by the Ombudsman would not lead to a different outcome.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement and the matters are now being considered by the Court.

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Investigator's decision on behalf of the Ombudsman