Summary: Ms X complained the care provider shared information about her complaint and other matters with her relatives which has negatively affected their relationship. We have discontinued the investigation as it is unlikely we could add anything to the care provider’s response and so there is no worthwhile outcome we can achieve by further investigating the complaint.

The complaint

1. After Ms X raised concerns with the care provider, Ms X complained the care provider disclosed details of her complaint to her relatives. She says it also provided her relatives with information about her visits. Ms X says this has resulted in a deterioration in her relationship with her relatives and with the care provider.

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The Ombudsman’s role and powers

2. 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:

• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the care provider, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

3. I have considered the information provided by Ms X and have spoken to her on the telephone. I have considered the correspondence between Ms X and the care provider.
4. I gave Ms X and the care provider the opportunity to comment on a draft of this decision and considered the comments I received in reaching a final decision.

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What I found

5. Ms X’s relative lives in a care home. In August 2019 Ms X raised a complaint with the care provider raising a number of areas of concern. As part of this she complained the care provider had shared confidential information with her relatives. The care provider responded that without specific details it could not address her concern around this. Ms X remained unhappy. The care provider wrote to Ms X in January 2020. It set out it had stringent expectations of its staff regarding data protection and the general data protection regulations and all staff completed mandatory training. It had also introduced an initiative to underpin the mandatory training looking at gossip, which aimed to show staff that all gossip was bad gossip.
6. Ms X raised concerns the contents of the original complaint were shared with her relatives which had a negative impact on their relationship. In its response the care provider said it found no evidence of targeted or wilful actions against Ms X. It said staff would discuss her relative’s care with other relatives but would not engage in a breach of confidence. It said it would ensure staff were reminded of their obligations.
7. A senior officer from the care provider agreed to meet with Ms X to discuss her concerns. Following this they wrote to Ms X to apologise for any miscommunication which may have happened. They reiterated the care home had not identified any instances of staff disclosing information to her relatives. They said they had spoken to staff about the need for confidentiality.

Findings

8. Ms X’s complaint concerns information that she alleged the care provider shared verbally with relatives. I cannot investigate or comment on conversations that may or may not have taken place. An investigation is unlikely to yield new evidence and without tangible evidence it would be very difficult for the Ombudsman to reach a sound and objective conclusion.
9. The care provider has taken action to ensure staff are aware of its expectations and to prevent such incidents occurring in future. This is appropriate. I do not consider there is anything more I could achieve through further investigation of the complaint.

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Final decision

10. I have discontinued my investigation as there is no worthwhile outcome I could achieve by investigating it further.

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Investigator's decision on behalf of the Ombudsman