The Ombudsman's final decision
Summary: We will not investigate this complaint about information the Council has recorded or shared. The Information Commissioner’s Office is better placed to consider data concerns. There is not enough evidence of fault in the Council’s assessment of housing and care needs, it is entitled to rely on recorded data. There is not enough evidence the Council’s actions led to the claimed injustice.
The complaint
Ms B says the Council lied about her in reports to her GP. Ms B says because of this she has spent her own money on care, housing, medical bills and legal fees. Ms B wants the Council to pay back money she has spent privately because she believes the Council should have provided these services.
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 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 continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or any fault has not caused a significant enough injustice to the person who complained to justify our involvement, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or there is another body better placed to consider this complaint, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Ombudsman is not an appeal body. We cannot challenge the Council’s decision unless there is fault in its decision making. In this case, I am satisfied the Council has investigated and taken the right steps in considering relevant information and evidence. The Council is not responsible if information recorded by others, which it has relied on to make its decision, is false. Ms B has not provided any evidence to support the information is false. I understand Ms B disagrees, however, this is not evidence of fault in the Council’s decision or the way it has investigated.
The Council assessed Ms B’s need for care and housing and correctly signposted her. We cannot say the information the Council holds or has shared has led to the injustice Ms B claims.
We cannot ask the Council to change its records; however, the Council can hold Ms B’s views on file also. Ms B has a right to rectification of any data which is wrong, for which she can go to the Information Commissioner’s Office for consideration.
Final decision
We will not investigate Ms B’s complaint because there is not enough evidence of fault by the Council. The Information Commissioner’s Office is better placed to consider data concerns.
Investigator's decision on behalf of the Ombudsman