Summary: We will not investigate this complaint about Ms Y’s adult social care and associated charges. We already considered the substantive matter in 2023 and explained we could not investigate matters the courts have already decided. Other parts of the complaint are for the Information Commissioner or are matters that have not yet been considered via the Council’s internal complaints process.

The complaint

1. Mr X complained, via professional support, about his sister’s (Ms Y’s) adult social care and associated charges. His complaints included:
• the Council sent legal documents to the wrong address and failed to investigate the matter despite Mr X raising this as a General Data Protection Regulation (GDPR) breach; and
• it charged Ms Y for care she did not receive and failed to provide evidence of the care it said was delivered.
2. Mr X said the above matters prevented Ms Y making representations in court, led to identity theft and caused her significant distress and financial detriment. He said he had also gone to significant inconvenience, and had experienced resulting distress. He wanted the Council to waive the debt it considered due, notify the court that communications were sent to the wrong address and provide advice and support on Ms Y’s care and support going forward.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
4. 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)
5. 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)

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How I considered this complaint

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

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My assessment

8. We considered a complaint from Mr X in 2023. We explained we could not investigate the matter given that the courts had already done so. We cannot reconsider this via a new complaint. However, for the avoidance of doubt, the law prevents us investigating the complaints Mr X raises relating to the Council’s decision to charge and the difference of opinion that remains about whether or not Ms Y received care. Only the courts could quash or amend a previous court order and it remains open to Mr X to seek legal advice.
9. Mr X’s new complaint includes an assertion the Council sent legal correspondence to the wrong address. He says he raised this as a GDPR matter. The Information Commissioner’s Office (ICO) is the body that considers complaints about how organisations handle personal data. The ICO is best placed to consider the matter as it is about an alleged breach under the GDPR. This is also relevant information to include as part of any further court proceedings. It is not a matter we will investigate instead.
10. Mr X has asked, as part of his requested outcomes, for the Council to provide advice and support with Ms Y’s ongoing care needs. The Council explained in its complaint response how Mr X could go about requesting a care needs assessment for Ms Y. It is open to Mr X to request a needs assessment for Ms Y. It would then be open to him to complain to the Council, then us if necessary, about the Council’s subsequent actions.

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Final decision

11. We will not investigate Mr X’s complaint because it is about matters we already considered and decided and that are for the courts. It is also about matters that are best considered by the Information Commissioner, and about matters that have not yet been subject to a complaint to the Council.

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Investigator's decision on behalf of the Ombudsman