Summary: We will not investigate Mrs X’s complaint the Council’s contact about her social care and a legal case caused her anxiety, that it tried to obtain personal information without her consent from her surgery and has not communicated properly. We cannot achieve what Mrs X wants. We cannot investigate most matters because a court is considering Mrs X’s welfare.

The complaint

1. Complaint 1: Mrs X complains the Council’s social workers telephoned her three times during the summer causing such anxiety that she became ill. Mrs X says the Council telephoned about legal proceedings and its questions are for lawyers. Mrs X says she does not want the Council to telephone her again. She wants an apology and compensation.
2. Complaint 2: Mrs X complains the Council tried to obtain medical records from her GP surgery without her consent.
3. Complaint 3: Mrs X says her son has complained to the Council about the social care and communication matters and has not had a reply.

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The Ombudsman’s role and powers

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:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6))

5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
7. 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)

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How I considered this complaint

8. I considered information and comments provided by the complainant and the Council. The information includes emails with the Council from Mrs X’s son and a comment from the Council’s legal section. I have considered our last two decisions on complaints about Mrs X’s care needs decided on 25 November 2021 (reference 21 000 742) and 4 April 2022 (21 014 737).

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My assessment

9. I will not investigate this complaint for the following reasons:

Complaint 1:

10. We cannot achieve what Mrs X wants regarding contact by social workers or alleged harm to her health.
11. We cannot investigate matters which a court is considering (see paragraphs 5 and 6 above). The Council says it has started proceedings in the High Court regarding the welfare of Mrs X. The Council is concerned that Mrs X is a vulnerable adult who is not receiving the care she needs. The court will consider Mrs X’s needs and the actions of significant people. There is also reference in the information held to Mrs X’s son threatening to start legal action against the Council and/or its staff in the name of his mother.

Complaint 2:

12. It is reasonable for Mrs X to go to the Information Commissioner if she considers the Council is at fault in how it has handled her personal information or if she considers it has broken data protection rules (see paragraph 7). There is insufficient evidence of injustice for the Ombudsman to investigate.

Complaint 3:

13. There is no fault in the Council not dealing with a complaint, via its complaint procedure, when a court is considering the case. The information shows the Council’s social worker has communicated with the family. In the circumstances, there is no injustice to Mrs X.

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Final decision

14. The Ombudsman will not investigate Mrs X’s complaint the Council’s contact about her social care and a legal case caused her anxiety, that it tried to obtain personal information without her consent from her surgery and has not communicated properly. We cannot achieve what Mrs X wants. We cannot investigate most matters because a court is considering Mrs X’s welfare.

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Investigator's decision on behalf of the Ombudsman