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

The complaint

1. Mrs X complains the Council:
• Treated her poorly following a safeguarding referral;
• Does not provide adequate training to its staff on a specific health condition;
• Delayed addressing her complaint.

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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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X raised a safeguarding concern to the Council. The Council confirmed to Mrs X it had investigated and found no evidence to support the allegation and so it had closed the case. The Council has provided the Ombudsman with evidence to support its decision, which we cannot share for data protection reasons. There is not enough evidence of fault to justify an investigation.
7. I have reviewed complaint correspondence exchanged between Mrs X and the Council. There is no information showing the Council treated Mrs X poorly following her safeguarding report. The Information Commissioner’s Office is better placed to consider Mrs X’s complaint that the Council wrongly shared information about her with a third party.
8. I note Mrs X would like the Council to provide its staff with specific training on a health condition affecting her family member. However, it is up to the Council to decide on staff training. There is not enough evidence of fault.
9. It is not proportionate to investigate complaint handling concerns when we are not investigating the substantive issue.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman