Summary: We will not investigate this complaint about a safeguarding investigation the Council carried out. There is not enough evidence of fault in the Council’s actions to warrant an investigation.

The complaint

1. Mrs X said her mother (Mrs G) sustained an injury while she was in the care of a privately funded care home. Mrs X was unhappy the Council subsequently recorded an inconclusive outcome after it carried out a safeguarding investigation, into concerns about how Mrs G became injured.

Back to top

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. (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 Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mrs G was taken to hospital after complaining of pain and hospital staff discovered a fractured joint. Mrs G was unable to say how she received her injury, and her care provider made a referral to the Council.
6. The Council decided to carry out a safeguarding enquiry and it asked the care provider to give it more information about Mrs G’s injury as well as their own investigation. The Council’s report shows it considered this report and met with both Mrs X and Mrs G.
7. At the end of the safeguarding investigation the Council decided there was not enough information to explain how Mrs G had become injured and it recorded an inconclusive outcome. Because of the steps the Council took during the safeguarding enquiry, I have not seen evidence of fault that would justify carrying out an investigation.

Back to top

Final decision

8. We will not investigate Mrs X’s complaint because there is not enough evidence of fault.

Back to top

Investigator's decision on behalf of the Ombudsman