Summary: We will not investigate this complaint about adult social care arranged by the Council. This is because the Council has accepted fault, reduced the charges for the care, and apologised and offered a payment to the complainant. It is unlikely we could achieve anything further. The complainant would like all information held about the person who received the care. The Information Commissioner’s Office is better placed to consider access to information rights.

The complaint

1. Ms B says a company acting on behalf of the Council gave poor care to her father, Mr C. Ms B says she has asked for documents, such as the care plan, and has not received the information. Ms B is upset and stressed and feels unsupported by the Council. Ms B wants all notes held on Mr C.

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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:

• 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.

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

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My assessment

5. Mr C received care from Prioritising People’s Lives Ltd (the Care Provider) which was arranged by the Council. The Council has accepted failures in care, such as late care calls and not providing all the required care tasks. The Council worked out Mr C lost out on 17 hours of care because of the failings; it has reduced these 17 hours from Mr C’s bill. Mr C has since died, so we cannot remedy any impact he suffered because of the failings in care. The Council has apologised to Ms B and offered to pay £150 to acknowledge her distress. It is unlikely an Ombudsman investigation would achieve anything further.
6. Ms B wants access to the information held about Mr C. The Information Commissioner’s Office (ICO) is the UK’s independent body set up to uphold information rights. The ICO would be better placed to decide what, if any, information Ms B can access.

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Final decision

7. We will not investigate Ms B’s complaint because it is unlikely we would add to the Council’s investigation or achieve anything further. The ICO is best placed to consider Ms B’s request for information.

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Investigator's decision on behalf of the Ombudsman