The Ombudsman's final decision
Summary: We will not investigate this complaint about how a Council carried out a social care needs assessment. This is because we are unable to achieve the complainant’s request to have the assessment deleted and also because it may be better addressed by the Information Commissioner.
The complaint
Mr X complains about the way the Council carried out a social care needs assessment at his home. He said the assessment is flawed and inaccurate and he would like it to be deleted. He says it has impacted adversely on the care he receives from the NHS.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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: we cannot achieve the outcome someone wants and/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.
I considered the Ombudsman’s Assessment Code.
My assessment
I see the Council has investigated Mr X’s complaint in some detail and corrected any factual inaccuracies such as his medical details. But it stands by most of the assessment and says it cannot be deleted. It has confirmed it will not share with the NHS. But it says it will store Mr X’s objections alongside the assessment for the sake of completeness. It said it was following the Information Commissioner’s advice by doing this and also provided him with details of the Information Commissioner should Mr X wish to take his complaint further.
We will not investigate this complaint. This is because we cannot ask the Council to delete the document. And it is reasonable for Mr X to refer the matter to the Information Commissioner’s Office (ICO). This is because the ICO is the body with specific powers and expertise to investigate the Council’s information recording practice here and possible achieve Mr X’s desired outcome.
The Information Commissioner’s Officer has powers - which the Ombudsman does not - to require compliance with the Freedom of Information Act, Environmental Information Regulations and the UK General Data Protection Regulations, tailored by the Data Protection Act 2018.
Final decision
We will not investigate Mr X’s complaint because we cannot achieve the outcome requested and it is reasonable to expect him to complain to the ICO as it is better placed.
Investigator's decision on behalf of the Ombudsman