Summary: We will not investigate this complaint about the conduct of the Council’s former officer and information it holds about Mr B. There is not enough evidence of fault to justify investigating.

The complaint

1. Mr B complains about the way an ex-officer of the Council treated him when he wanted to discuss his care and support arrangements. Mr B says the Council’s officer did not listen to him or provide him with support. He says he in unhappy about the way the Council investigated his complaint and says it did not fully investigate his concerns. He says he has lost faith in the Council and that issues he complains about have affected his physical and mental wellbeing. Mr B wants the Council to reinvestigate his concerns and says it should amend its records which contain incorrect information about him.

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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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal; or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

3. I considered information provided by the complainant including the Council’s response to his complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council allocated an officer to support Mr B with his care and support arrangements. When he complained to the Council, he said the officer had been rude and arrogant to him to the point he felt psychologically tortured. He also said the officer had accused complained to the Council the officer did not listen to him and did not support him enough.
6. The Council investigated the complaint and reviewed its records relating to Mr B’s care and support arrangements. It found evidence Mr B had received regular contact from its officer which included email contact, telephone contact and home visits at least every month. It did not find evidence its officers had been rude or arrogant to Mr B.
7. The Council did not find evidence to support Mr B’s complaint about false or inaccurate information its officer had recorded about him. It said Mr B could provide further evidence for it to consider.
8. The Council accepted it had not fully involved Mr B in the decision to find a new care provider after the previous care provider gave notice. It apologised to him and confirmed he now had a different social worker.
9. We will not investigate Mr B’s complaint as there is not enough evidence of fault to justify investigating. The evidence available now supports the view the Council did investigate Mr B’s complaint which included reviewing its records. It could not speak to the officer he had complained about as the officer had left the Council’s employment. This may have impacted on how much information the Council could provide about the officer’s contact with Mr B and how he felt about this. It is unlikely we could add to the investigation the Council completed.
10. If Mr B feels the Council holds inaccurate information about him, he can provide further evidence to the Council as necessary. The Information Commissioner’s Office is then better placed to consider a complaint about this.

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Final decision

11. We will not investigate M B’s complaint about the conduct of its officer because there is not enough evidence of fault to justify investigating. It is unlikely we could add to the investigation previously completed by the Council.

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Investigator's decision on behalf of the Ombudsman