Westminster City Council (23 014 724)
Category : Adult care services > Other
Decision : Closed after initial enquiries
Decision date : 05 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s refusal to provide Mrs B with information about Ms D. This is because we could not add to the Council’s response or make a different finding of the kind Mrs B wants.
The complaint
- Mrs B complained the Council refused to give her information about the whereabouts of a person she cared for 30 years. Mrs B also complained a Social Worker falsely accused her of having an angry and abusive tone during telephone calls, which she says, impacted on communication between her and Ms D. Mrs B wants the Council to communicate properly and allow contact between her and Ms D.
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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council explained Mrs B is not Ms D’s legal guardian neither does she have Power of Attorney for her. It said it cannot provide her with information about where she is living as Ms D has not given her consent to share information. It said the Social Worker considered Mrs B’s demands for information as ‘angry and abusive in tone’. We were not present during the calls and could not make a different finding even if we investigated.
- The Council has explained why it cannot provide Mrs B with the information she wants and has also explained there are ongoing enquiries being made under its statutory procedures for Safeguarding Vulnerable Adults. We cannot intervene during this process.
Final decision
- We will not investigate Mrs B’s complaint because we could not make a different finding or add to the Council’s response.
Investigator's decision on behalf of the Ombudsman