Summary: We will not investigate this complaint about adult safeguarding because it is unlikely we would find evidence of fault and further investigation would not lead to a different outcome.

The complaint

1. Ms B says she raised concerns with the Council for several years about her father’s safety at the hands of his carer. Ms B feels ignored.
2. Ms B says the Council has not met its statutory obligations under Sections 42 and 44 of the Care Act 2014. Ms B says the Council failed to adequately protect her father and now he is dead. Ms B says the emotional toll has been immense and she wants the Council to learn lessons from any failings.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms B raised various safeguarding concerns with the Council over several years. I am considering events from October 2021. Any concerns before that would be late complaints as explained in paragraph 3. I can see no reason to exercise discretion to consider those late complaints. I have seen a letter from the Council from 2018 which clearly refers Ms B to the Ombudsman if she was unhappy with its response.
8. In 2021 Ms B raised concerns that her father’s carer was neglecting him, he had a fall at home and was apparently on the floor for several hours before he was found. Ms B also says the carer was financially abusing her father.
9. The Council met its statutory obligation under Section 42 of the Care Act 2014 by completing a safeguarding investigation. The outcome was inconclusive. The Council has offered to discuss the findings with Ms B, but she has not taken up this offer.
10. Ms B referred to the Safeguarding Adults Review Board. It reviewed the safeguarding at a Case Review Panel and decided it did not meet the criteria under Section 44 of the Care Act for a Safeguarding Adults Review.
11. Contrary to what Ms B says, based on the evidence I have seen it is unlikely we would find fault in the safeguarding process. The Council completed a safeguarding investigation which was inconclusive, it is unlikely we could add to the Council’s investigation, or that an investigation by the Ombudsman would lead to a different outcome.
12. If we investigated and found fault, we can no longer offer any remedy to Ms B’s father. Any risk is not ongoing, and as it was a family carer there is no wider risk to other vulnerable individuals.
13. I understand Ms B is devastated by the loss of her father, and her view the carer was neglecting and abusing her father has caused an emotional toll. Ms B’s injustice is not, however, caused by the Council’s safeguarding investigation and does not warrant our further involvement.

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Final decision

14. We will not investigate Ms B’s complaint because it is unlikely there would be evidence of fault given the documents seen to date and the review by the Safeguarding Adults Review Board, we could not add to the Council’s safeguarding investigation, it is unlikely we would achieve a different outcome, and there is no significant injustice to Ms B caused by the Council’s actions.

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Investigator's decision on behalf of the Ombudsman