Summary: We have ended our investigation into Ms X’s complaint about the Council’s involvement in various issues relating to her adult daughter as there is nothing more we could achieve by further investigation.

The complaint

1. Ms X complains about the Council’s actions in relation to safeguarding concerns raised with it by a charity she believes was acting on behalf of the Council. She also complains she is no longer allowed access to her daughter.
2. Ms X says this has had a profound effect on her and has caused her financial, emotional and psychological difficulties.

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What I have and have not investigated

3. I have not considered the actions of the police and a local college as these are not bodies the law allows us to investigate.

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The Ombudsman’s role and powers

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:

• further investigation would not lead to a different outcome,
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

5. I have considered all the information Ms X provided and discussed this complaint with her. I have also asked the Council questions and requested information, and in turn have considered the Council’s response.
6. Ms X and the Council had the opportunity to comment on my draft decision. I have taken any comments received into consideration before reaching my final decision.

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What I found

Safeguarding

7. A council must make enquiries if it thinks a person may be at risk of abuse or neglect and has care and support needs which mean the person cannot protect themselves.
8. An enquiry is the action taken by a council in response to a concern about abuse or neglect. An enquiry could range from a conversation with the person who is the subject of the concern, to a more formal multi-agency arrangement. A council must also decide whether it or another person or agency should take any action to protect the person from abuse. (Section 42, Care Act 2014)

What happened

9. Ms X has an adult daughter who lives in the Council’s area. Ms X’s daughter has some additional needs but is deemed to have capacity to make her own decisions and choices.
10. Early in 2022, Ms X became the subject of a safeguarding investigation by the Council.
11. Early in March 2022, Ms X made a complaint to the Council. Amongst issues complained of, she was unhappy that she was not allowed to contact her daughter, could not give her daughter care and was unable to find out information about how her daughter was.
12. Ms X then asked her MP to contact the Council about events.
13. In mid-March 2022, the Council replied to Ms X’s complaint and the MP’s enquiry. Amongst other things, the letter said:
• the Council was unable to respond to the MP’s enquiry;
• action had been taken to safeguard Ms X’s daughter in response to wellbeing concerns and matters were subject to an ongoing safeguarding investigation;
• Ms X’s daughter was an adult who had been deemed to have capacity to make her own decisions; and
• if she wished, Ms X could complain directly to the charity she had complained about which was involved in her daughter’s care.
14. The Council has since confirmed the safeguarding investigation has now ended.

Analysis

False allegations

15. Ms X complains a local charity involved with her daughter made malicious and false allegations against her.
16. It is unclear if the charity was acting on behalf of the Council in relation to this part of the complaint. Even if it was, I am unlikely to find fault in it raising a safeguarding concern with the Council because these organisations usually have duties to report such concerns. It is for the Council to then decide whether the concern can be substantiated. I find that no worthwhile outcome can be achieved by further investigation.

Lack of access

17. Ms X complains about her lack of access to her daughter.
18. Ms X’s daughter is an adult and is deemed to have capacity to make her own decisions, despite any additional needs she may have.
19. I am unable to question any decisions made by Ms X’s daughter. I find that no worthwhile outcome can be achieved by further investigation.

Complaint response

20. Ms X is unhappy with the Council’s complaint response to her.
21. I have viewed the response from the Council. I am satisfied the Council has answered in enough detail given the circumstances of the complaint. I am satisfied there is unlikely to be fault in the Council’s actions. I find that no worthwhile outcome can be achieved by further investigation.

Lasting power of attorney (LPA)

22. Ms X complains she has been stripped of the LPA for her daughter.
23. The Council does not have powers to remove LPAs. The Council is within its rights to make any referral to relevant bodies so this may be considered. It can do this if it feels there is justification to do so in accordance with government guidance. I am unlikely to find fault with the Council for making any such referral. I find that no worthwhile outcome can be achieved by further investigation.

Information sharing with the disclosure and barring service (DBS)

24. Ms X is unhappy about the effect information shared with the DBS has had on her.
25. This would be a complaint more suited to the Information Commissioner’s Office (ICO) in terms of information shared. It is open to Ms X to make a complaint to the ICO. Ms X can choose to exercise this right if she wishes.

Being removed from her daughter’s accommodation

26. Ms X complains she was removed from her daughter’s accommodation by the police.
27. I cannot investigate the actions of the police in this matter. This was linked to the safeguarding investigation by the Council at the time. I am unlikely to find fault with any involvement the Council may have had as this would be part of the safeguarding process. I find that no worthwhile outcome can be achieved by further investigation.

Capacity of Ms X’s daughter

28. Ms X complains the Council’s response that her daughter is an adult and has capacity to make her own decisions is not sufficient.
29. As outlined above, Ms X’s daughter is deemed to have capacity. I am unlikely to find fault in the actions of the Council in complying with her daughter’s wishes. I find that no worthwhile outcome can be achieved by further investigation.

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Final decision

30. I have ended my investigation. There is no worthwhile outcome achievable by further investigation.

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Investigator's decision on behalf of the Ombudsman