Summary: We will not investigate this complaint about the support the Council provided to Mr Y before he died. That is because we do not consider Mr X a suitable representative.

The complaint

1. Mr X complained the Council failed to provide appropriate support to his friend, Mr Y, in the months leading up to his death. He said that when he raised his concerns with the Council it made an allegation about him to the Police. He said its complaint response failed to deal with his concerns. Mr X wants the Council to acknowledge it failings and apologise.
2. Mr X is also said the Council shared personal information about him without his consent.

Back to top

The Ombudsman’s role and powers

3. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

4. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:
• there is not enough evidence of fault to justify investigating, and
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. In the Council’s final response to Mr X’s complaint, it confirmed it had reviewed the care records for Mr Y and the Council’s involvement in his care had been appropriate. However, it would not provide any further information or details about Mr Y. That response explained to Mr X why it would not share Mr Y’s personal information with him.
9. We will not investigate Mr X’s complaint about the care and support the Council provided Mr Y before he died further. Based on the information we have seen; Mr X is not a suitable representative for Mr Y. Although Mr X is unhappy the Council did not follow the complaints procedure. It is not a good use of public resources to investigate complaints and complaint procedures where we are not investigating the substantive issue.
10. Although Mr X is unhappy about the Council’s contact with the Police. I have seen insufficient evidence of fault in how it made that decision to warrant further investigation.
11. Mr X said the Council shared personal information about him without his consent. It is reasonable for Mr X to complain to the Information Commissioners Office if he has concerns about data protection.

Back to top

Final decision

12. We will not investigate Mr X’s complaint because we do not consider him a suitable representative.

Back to top

Investigator's decision on behalf of the Ombudsman