Summary: We will not investigate this complaint about the Council’s alleged failure to safeguard Ms X because there is not enough evidence of fault.

The complaint

1. Mrs Y complains the Council failed to safeguard Ms X from attacks from another resident in her accommodation, resulting in trauma, distress and anxiety.

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

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My assessment

Relevant law

5. A section 42 Care Act 2014 safeguarding enquiry is the action taken by a council in response to a concern of abuse or neglect.
6. A council must make s42 enquiries if it believes an adult in its area is experiencing, or is at risk of, abuse or neglect.
7. The purpose of an enquiry is to decide whether the council or another organisation, or person, should do something to protect the vulnerable adult.

My analysis

8. The Council provides adult social care services to Ms X, who lives in Council B.
9. It has a duty to ensure Ms X’s care needs are met and should ensure the suitability of any accommodation it has arranged.
10. Mrs Y says the Council placed Ms X in her current accommodation.
11. The documents seen show the Council made efforts to contact Ms X in response to her concerns about another resident, though these were unsuccessful.
12. The Council also notified Council B, as the council responsible for making any s42 enquiry. Any further complaint about safeguarding would need to be raised to Council B.
13. There is not enough evidence of fault by the Council to justify an investigation.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman