Summary: We will not investigate Mrs X’s complaint that information the Council gave to her Social Worker, resulted in her home council stopping her package of care. That is because the Council is not responsible for Mrs X’s package of care. Mrs X would need to complain to the Council that arranges her package of care.

The complaint

1. Mrs X complained the Council gave incorrect information about her to her Social Worker, at a different authority (Council B). She said based on that information; Council B had stopped her package of care.

Back to top

The Ombudsman’s role and powers

2. 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 no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. We will not investigate Mrs X’s complaint about what the Council told her Social Worker at Council B. That is because any injustice caused to Mrs X, is through Council’s B decision to stop her package of care. We cannot hold the Council responsible for the actions of Council B. Mrs X would need to complain to Council B about that decision. As the Council is not responsible for any injustice caused to Mrs X, there is nothing worthwhile to be achieved by investigating what it said to Council B.

Back to top

Final decision

7. We will not investigate Mrs X’s complaint because it is not responsible for her package of care. Therefore, there is nothing worthwhile to be achieved by further investigation.

Back to top

Investigator's decision on behalf of the Ombudsman