Summary: We will not investigate this complaint about defamation of character. The outcomes sought can only be determined in court, and it is reasonable to expect Ms B to take that action.

The complaint

1. Ms B says the Care Provider lied and accused her of harming her friend. Ms B says this is defamation of character. Ms B worries her business might be affected because of a police investigation, and says people now treat her differently.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We investigate complaints about adult social care providers. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

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

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My assessment

6. Defamation of character is a legal matter that only a court can decide. All Ms B’s claimed injustice results from the alleged defamation.
7. Ms B would like compensation for lost business and defamation of her character. These are not outcomes the Ombudsman could achieve.

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Final decision

8. We will not investigate Ms B’s complaint because the outcomes she seeks can only be determined in court and it is reasonable to expect her to pursue that course of action.

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Investigator's decision on behalf of the Ombudsman