Summary: We will not investigate this complaint about the Council’s handling of an adult social care referral. We could not add to the investigation the Council has already carried out, and the Information Commissioner’s Office is better placed to consider the part that relates to data accuracy.

The complaint

1. Miss Y complained the Council closed her referral to adult social care incorrectly and based on inaccurate information.
2. Miss Y said this left her without support while she was dealing with a medical issue and unfairly placed caring and support responsibilities on to her children.
3. Miss Y wants the Council to admit its errors, correct its data, carry out an assessment and to have contact with a named officer.

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The Ombudsman’s role and powers

4. 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 we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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)

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How I considered this complaint

6. I considered information provided by Miss Y.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss Y sought an adult social care assessment as she was experiencing difficulties while dealing with a medical issue. Miss Y said this meant her children were having to take on caring and support responsibilities.
9. The Council asked Miss Y what outcomes she sought from receiving an adult social care assessment. Miss Y asked that adult social services assist her to complain about another body and provide some practical and emotional support to her and her children.
10. The Council decided there was no role for adult social care based on Miss Y’s comments and closed the referral.
11. Miss Y complained to the Council, saying it was incorrect that she had declined an assessment. The Council upheld Miss Y’s complaint and took learning from it. The learning focused on accurate case recording and clear communication.
12. The Council also invited Miss Y to contact it if she wanted to pursue an adult social care assessment. This avenue remains available to her.
13. We will not investigate this part of Miss Y’s complaint. Given the Council upheld her complaint, took appropriate action to remedy any injustice and identified learning from her experience, we could not add to the investigation it has already carried out.
14. Miss Y also complained that the Council’s records of her engagement with adult social care services were inaccurate. We will not investigate this part of Miss Y’s complaint. The Information Commissioner's Office (ICO) is the UK's independent regulator in respect of data protection matters. It is better placed to consider and decide Miss Y’s complaint about data accuracy.

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Final decision

15. We will not investigate Miss Y’s complaint because we could not add to the previous investigation the Council carried out, and the ICO is better placed to consider the part that relates to data accuracy.

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Investigator's decision on behalf of the Ombudsman