Summary: We will not investigate Mrs Q’s complaint about the Council’s Adult Social Care Team and the Police. This is because part of the complaint has been considered by us previously. We are unlikely to find fault with the Council on a more recent event. We have no jurisdiction to investigate the Police. And another body is better placed to consider one part of the complaint.

The complaint

1. The complainant, who I have called Mrs Q, complained about the actions of Darlington Borough Council’s Adult Social Care Team and the Police.

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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 may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• there is another body better placed to consider this complaint, or
• we have already considered and decided the matters complained of.

(Local Government Act 1974, section 24A(6), as amended)

4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Police. (Local Government Act 1974, sections 25 and 34A, as amended)
5. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

6. I considered the information Mrs Q provided. I considered the information the Council provided. I considered Mrs Q’s response to a draft of this decision.

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What I found

7. Mrs Q complained about action the Council’s Adult Social Care Team took between 2013 and 2016. This included its alleged attempt to section her under the Mental Health Act. We have already considered and decided these matters. As we do not reconsider issues already addressed in a previous complaint, we should not investigate this part of the complaint for this reason.
8. More recently, Mrs Q complained about an officer visiting her home. The Council said it had not visited her and she was not currently receiving support from its Adult Social Care Team. So we are unlikely to find fault with the Council on this part of the complaint.
9. Mrs Q also complained about the actions of Durham Police. We have no jurisdiction to investigate the Police.
10. Mrs Q has made a subject access request to the Council. It said it would respond to her request. If Mrs Q is unhappy with the Council’s response she may go to the Information Commissioner. It is better placed to consider this part of the complaint.

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Final decision

11. We will not investigate this complaint for the reasons given in the section above.

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Investigator's decision on behalf of the Ombudsman