Summary: We will not investigate this complaint about adult care services because there is not enough evidence of fault to justify investigating and any injustice caused is not significant enough to justify our involvement.

The complaint

1. Mr Y complained the Council told him that his mother’s GP practice would not engage with him because he had been abusive and bullying, despite Mr Y saying this was untrue. Mr Y feels the Council ought to have asked for evidence of this. He also complained about the Council’s failure to return telephone calls.
2. Mr Y feels offended by the comments and has led to a breakdown in communication with the Council.

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The Ombudsman’s role and powers

3. 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 injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. The Council’s complaint response suggests that it is unaware of the comments the GP practice allegedly made about Mr Y. Mr Y says the comments and the lack of investigation about the comments allegedly made by the GP practice have caused him offence.
6. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered a serious loss, harm or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss of injustice is not a serious or significant matter.
7. While Mr Y may feel strongly about the issue, this offence is not a serious loss or harm which justifies our involvement and investigation. Consequently, we will not investigate this complaint.
8. Mr Y has also complained about a failure to return calls leading to a breakdown in communication. The Council’s response refers to several different methods of communication the Council has used to contact and discuss matters with Mr Y. It also suggests that Mr Y has been kept informed around closing his mother’s case and that where a call was missed, a text message was sent instead. While Mr Y may have preferred to have further contact or may have preferred to speak to the Council on the telephone, where he has been kept updated it is unlikely we would find the Council at fault. Consequently, as there is not enough evidence of fault, we will not investigate this complaint.

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Final decision

9. We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating and any injustice caused is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman