Summary: We will not investigate Ms X’s complaint about the Council’s involvement with her and its refusal to delete her records. There is insufficient evidence of fault and the Information Commissioner’s Office is better placed to consider a complaint about management of records.

The complaint

1. Ms X complains the Council continues to contact her, despite her telling it she does not want or need any help or support. She also complains it has refused to delete her records.

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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 not enough evidence of fault to justify investigating, or

• there is another body better placed to consider this complaint.

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

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. Councils have a duty to act if it considers an adult is experiencing, or at risk of, abuse or neglect. The Council’s view is that Ms X is at risk of self-neglect and that she lacks insight into the risks caused by hoarding and the condition of her property. It says it has a duty to continue to try and engage with her and to offer support to ensure her safety and wellbeing.
7. We will not investigate this complaint. The Council appears to have considered relevant factors before reaching its decision. This included Ms X’s view that she does not want or need support, its assessment of her mental capacity and the previous involvement and professional opinions of other services who have been involved with Ms X. I accept Ms X may disagree with the Council’s view that she is at risk and needs support, but this is a matter of professional opinion and a view the Council is entitled to reach. There is insufficient evidence of fault in the Council’s decision- making to warrant an investigation.
8. We will also not investigate the Council’s refusal to delete her records. The Information Commissioner’s Office (ICO) is the UK independent regulator for information rights. If Ms X is unhappy with the Council’s response to this matter the ICO is better placed to consider a complaint about this.

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Final decision

9. We will not investigate Ms X’s complaint because there is insufficient evidence of fault and the Information Commissioner’s Office is better placed to consider a complaint about record management.

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Investigator's decision on behalf of the Ombudsman