Summary: We will not investigate Ms X’s complaint about an occupational therapy assessment, inaccurate Council records and its handling of her complaint. It is unlikely an investigation would lead to a different outcome or achieve anything more. The Information Commissioner’s Office is better placed to consider a complaint about accuracy of records.

The complaint

1. Ms X complains the Council has failed to carry out a person-centred occupational therapy assessment of her needs. She says this has left her unable to bathe and caused distress. She also complains about inaccuracies in her records and its handling of her complaint. She wants the Council to complete a fresh assessment, correct its records, apologise, provide a suitable financial remedy for distress caused and improve its service.

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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

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate Ms X’s complaint about the occupational therapy assessment. In its complaint responses, the Council has offered Ms X a fresh assessment. This is what Ms X wants, so it is unlikely an investigation would lead to a different outcome or achieve anything more.
6. We will also not investigate her complaint about accuracy of records. The Information Commissioner’s Office (ICO) is the UK regulator for information rights and data protection and is better placed to consider a complaint about these matters. If Ms X considers there are inaccuracies in her records or her views are not appropriately recorded, it is open to her to approach the ICO.
7. We will also not investigate the Council’s complaints handling. The Council has provided Ms X with several complaint responses addressing her concerns. Although Ms X remains dissatisfied, there is insufficient evidence of fault to warrant an investigation.

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Final decision

8. We will not investigate Ms X’s complaint because an investigation would not lead to a different outcome and the Information Commissioner’s Office is better placed to consider a complaint about accuracy of records.

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Investigator's decision on behalf of the Ombudsman