Summary: We will not investigate this complaint about the Council failure to release the complainant’s father’s care notes. This is because the Council is not responsible for issues being raised.

The complaint

1. Mr X complains about the Council’s failure to assist him with retrieving records about his father’s care. He says the lack of records is putting his father in danger and causing distress to the family.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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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 have checked with the Council whether it commissioned the care in question. The Council says it provided Mr X with general advice but it was not funding the care. It has provided information on how Mr X can contact it directly for any information it holds.

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Final decision

6. We will not investigate Mr X’s complaint because the Council is not responsible for the issues being raised here.

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Investigator's decision on behalf of the Ombudsman