The Ombudsman's final decision
Summary: We will not investigate this complaint about the accuracy of medical records and GP services. This is because the Council is not responsible for the matter complained about.
The complaint
The complainant, whom I shall refer to as Mr X, complained to the Council about the accuracy of medical records and the actions of several GP practices. Mr X complained about access to alternative GP services. Mr X is unhappy with how the Council dealt with his concerns.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended) The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
We will not start an investigation into Mr X’s complaint. This is because the Council is not responsible for the matter complained about. The exception at paragraph 3 applies. Mr X should direct his concerns to the GP practices involved. If Mr X believes they hold incorrect information, he can contact the Information Commissioner’s Office.
Mr X is also unhappy with how the Council has dealt with his concerns. But the exception at paragraph 4 also applies. We will not investigate the council’s actions linked to a matter which itself is outside our jurisdiction.
Final decision
We cannot investigate Mr X’s complaint because the Council is not responsible for the matter complained about.
Investigator's decision on behalf of the Ombudsman