Summary: Mr B complained the Council wrongly told his MP that he prevented a social worker from visiting his family. Mr B said being accused of this caused him distress. The Council accepted it gave Mr B’s MP inaccurate information and apologised during its complaint procedure. The Ombudsman found fault with the Council causing injustice. The Council has agreed to take action to remedy this injustice.

The complaint

1. Mr B complained the Council wrongly told his MP that he prevented a social worker from visiting his family.
2. Mr B said being accused of this caused him distress.

Back to top

The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

How I considered this complaint

5. I considered:
• Mr B’s complaint and the information he provided;
• documents supplied by the Council;
• relevant legislation and guidelines; and
• the Council’s policies and procedures.
6. Mr B and the Council had an opportunity to comment on a draft decision.

Back to top

What I found

7. Mr B lives with his two brothers who are disabled. In July 2019 the Council told Mr B’s MP he had refused to allow a social worker access to the family home. The Council said this meant it could not assess his brothers’ needs.
8. Mr B complained to the Council stating he had not refused access to his home. In October 2019, the Council responded to Mr B’s complaint. It accepted its records contained no evidence that he refused a social worker access to his family home. The Council said the social worker herself confirmed Mr B had not stopped her from accessing his family home. The Council apologised for the mistake and any distress this caused.

Analysis

9. The Council accepted it gave Mr B’s MP inaccurate information and apologised to Mr B. Mr B remained concerned that the Council did not tell his MP about the error and his brother’s social care records contained inaccurate information.

Agreed action

10. Within one month of the final decision, the Council will:
• Write to Mr B’s MP advising them of the error.
• Put a copy of the final decision statement on both of Mr B’s brothers’ files.
11. The Council should provide the Ombudsman with evidence that these actions have been completed.

Back to top

Final decision

12. I have completed my investigation and uphold Mr B’s complaint. Mr B has been caused an injustice by the actions of the Council. The Council has agreed to take action to remedy that injustice.

Back to top

Investigator's decision on behalf of the Ombudsman