The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s actions regarding Mr Y’s care needs or her needs as his carer. This is because further investigation by the Ombudsman could not add to the Council’s response. Complaints about data protection matters are best considered by the Information Commissioner’s Office.
The complaint
Ms X complains on behalf of her son, Mr Y. Ms X complains that East Adult Learning Disabilities Service (EALDS) did not assess or support Mr Y, despite documented evidence Mr Y has a diagnosed learning disability. Ms X says EALDS provided incorrect documentation to other professionals which she says is a breach of General Data Protection Regulations (GDPR). Ms X would like changes to the way Mr Y is assessed and treated and would like a carers assessment and appropriate resources allocated to her. Ms X wants Mr Y’s Education Health and Care Plan (EHCP) provisions to be enforced.
The Ombudsman’s role and powers
We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended) We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the NHS. (Local Government Act 1974, sections 25 and 34A, as amended) 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 we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or 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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
The complainant had an opportunity to comment on my draft decision.
My assessment
The Council responded to Ms X’s complaint and confirmed that EALDS is not part of its responsibilities. Ms X states that she did not receive a copy of the Council’s complaint response, but we could not say why this was. The Council confirms this response was sent. The Council has signposted Ms X to the NHS trust for her to raise her complaint with the appropriate agency. We cannot investigate complaints relating to the NHS.
We will not investigate Ms X’s complaint about the breach of inaccurate and personal data provided about Mr Y. It is the role of the Information Commissioner’s Office (ICO) to consider complaints relating to data protection and it would be reasonable for Ms X to use this.
The Council has provided details and links to its website regarding support and social care. It has also offered the contact details of a named person to prevent further delay. If Ms X wants the Council to undertake a care needs assessment for Mr Y, she can contact it and request this. If he is assessed as needing care and support, the Council will offer a carers assessment to Ms X. We cannot add to this response.
The Council has contacted Ms X regarding Mr Y’s EHCP and has signposted her to an organisation offering help and support. An Ombudsman investigation could achieve no more than this.
Final decision
We will not investigate this complaint. This is because we cannot add to the Council’s response or achieve the outcomes Ms X wants. Ms X can ask the ICO to consider her complaint about the breach of data.
Investigator's decision on behalf of the Ombudsman