The Ombudsman's final decision
Summary: We will not investigate this complaint about information provided to the complainant about their mother’s care. This is because it is unlikely we could achieve a worthwhile outcome for the complainant.
The complaint
The complainant, Miss X, complains a Care Provider, acting behalf of the Council, failed to provide enough information about her mother (Miss Y). This includes information about Miss Y’s general health and how much she was eating and drinking. Miss Y has now sadly passed away. Miss X questions if the Care Provider has sent all the information it has about her mother’s care. Miss X wants a face to face meeting.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended) In this case the Council commissioned the care Miss Y received. The Care Provider responded directly to Miss X’s complaint.
We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) 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)
How I considered this complaint
I considered information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
I understand how important Miss X’s complaint is to her. But we will not start an investigation. This is because it is unlikely we could achieve any worthwhile outcome.
The Care Provider has responded to Miss X’s complaint and says it provided regular updates on Miss Y’s health. It has sent Miss X records in support of its response.
Because Miss Y has now passed away, we could not do anything to remedy any injustice she might have been caused by the matter complained about. If Miss X thinks the Care Provider or council are withholding information she is entitled to, she can make a Subject Access Request. If Miss X was unhappy with the response, she could complain to the Information Commissioner's Office. It is the expert body set up by Parliament to consider complaints about access to information. It is not for us to say if the Care Provider or council should meet with Miss X. For these reasons we will not investigate.
Final decision
We will not investigate Miss X’s complaint because it is unlikely we could achieve a worthwhile outcome.
Investigator's decision on behalf of the Ombudsman