Hampshire County Council (25 002 454)
Category : Adult care services > Assessment and care plan
Decision : Closed after initial enquiries
Decision date : 12 Aug 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s record keeping. This is because there is another body better placed to consider.
The complaint
- Mr X says that the Council has failed to keep accurate records which has resulted in false information being sent to third parties. He would like the records corrected, an accurate assessment produced and for the Council to provide an apology for its actions.
- Mr X also complains the Council has failed to adhere to its safeguarding policy as he was never asked what support he wanted.
The Ombudsman’s role and powers
- We provide a free service but must use public money carefully. We do not start an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
How I considered this complaint
- I considered the information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code and checked the previous complaint - 23013900.
My assessment
- The Council has responded to Mr X’s concerns under its Subject Access Policies, apologised for its errors, explained its reasons for not providing all the information requested and sent Mr X an updated assessment. Mr X is dissatisfied with the Council’s response.
- We will not investigate Mr X’s complaint. This is because the substance of Mr X’s complaint is about the accuracy of Council records which is a matter better suited for consideration by the Information Commissioner (ICO).
- I note the Council signposted Mr X to the ICO.
- With respect to the complaint about safeguarding, this is premature as the Council does not appear to have had an opportunity to deal with it as a complaint. Mr X should raise his complaint to the Council first before we can consider it.
Final decision
- We will not investigate Mr X’s complaint because there is another body better placed to consider.
Investigator's decision on behalf of the Ombudsman