Summary: We will not investigate this complaint about the Council’s handling of a safeguarding referral as there is not enough evidence of fault by the Council.

The complaint

1. Ms X complains the Council handled a safeguarding referral about self-neglect and refusing treatment about her without her knowledge or consent. Ms X says she did not receive a copy of the safeguarding referral form.

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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.

(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 and the Council.
4. I considered safeguarding statutory guidance and local protocols.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Following a home visit by a community nurse the Council received a safeguarding referral about Ms X for self-neglect from refusing treatment for a wound. Ms X became aware of this referral later following a conversation with Council staff.
7. Ms X contacted the Council to request details of the safeguarding referral and to remove it from her records.
8. The Council has provided Ms X with the details of the referral. It had a duty by law to investigate the referral to decide if it or anyone needs to act. The Council correctly told Ms X the referral was made and investigated in her best interests. It confirmed it closed the safeguarding concern in November 2023 because Ms X was by then receiving suitable care and treatment from her doctor.
9. The Council has followed the law, statutory guidance and local safeguarding protocols in handling the referral it received from community nursing staff. There is no evidence of fault in the Council’s actions.
10. We would not expect the Council to remove records of a referral from the information it holds, but if Ms X wishes to exercise her right to rectification of records under the Data Protection Act 2000 she may do so, and approach the Information Commissioner’s Office if she remains unhappy about the result.

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Final decision

11. We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman