Summary: We will not investigate Mr X’s complaint about assurances a Council officer gave him about his ex-partner’s condition prior to her discharge from hospital. This is because it is unlikely we would be able to add to the response already provided by the Council’s investigation.

The complaint

1. The complainant, whom I shall call Mr X, complains a Council officer gave him assurances about his ex-partner, Mrs Y’s, condition prior to her discharge from hospital, which were incorrect. As a result, Mr X says he has been left as Mrs Y’s full-time carer.

Back to top

The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
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’. 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 it is unlikely we could add to any previous investigation by the Council. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

4. I considered the complaint correspondence and the documents Mr X provided with his complaint to this office. I sent Mr X a draft of my decision and considered his comments on it.

Back to top

What I found

5. Mr X is a carer for his ex-partner, Mrs Y, who lives with him at his home.
6. In September 2020, Mrs Y was hospitalised and remained in hospital for three months. During her stay, Mrs Y did not consent to any personal information being shared with Mr X.
7. Prior to Mrs Y’s discharge from hospital in December 2020, Mr X says a Council officer assured him that Mrs Y’s mobility had improved to the extent she could manage the stairs unaided and that Mrs Y would not place any caring responsibilities on him. Mr X says it was solely on this basis that he agreed Mrs Y could return to his home.
8. Mr X says very soon after Mrs Y returned home, it became clear the assurances he had been given were incorrect. Her mobility was not as improved as he had been told and she continued to have care needs which he was having to meet after Mrs Y started drinking alcohol again the day after she was discharged. Mr X says this has had a significant impact on his home, finances, health and mental wellbeing. Mr X complained to the Council about the information he was given.
9. In its complaint response, the Council said the information it was able to provide Mr X with was limited because Mrs Y did not consent to any of her personal information being shared with him. However, it said Mrs Y was assessed prior to her discharge from hospital and she was found to be fully independent with no care and support needs identified at the time, although it later said Mrs Y needed help with meal preparation. It said there was no intention for Mr X to provide any care to Mrs Y on discharge because she was self-caring.
10. The Council said the needs Mr X was reporting appeared to relate to Mrs Y’s health, mental health and behavioural issues and may relate to Mrs Y’s alcohol misuse rather than social care needs. It explained Mrs Y’s alcohol use impacting her ability to care for herself was not an eligible care need. It had offered to make a referral for support for Mrs Y in managing her alcohol use, but she had declined this.

Back to top

Final decision

11. We will not investigate this complaint. This is because it is unlikely an investigation by us would be able to add to the response already provided via the Council’s investigation.
12. Whilst Mr X is complaining to us in his own right, in order to consider the crux of his complaint, about the assurances he was given prior to Mrs Y’s discharge from hospital, we would need to request and consider Mrs Y’s personal information from the Council. We do not have Mrs Y’s consent to do so and she has clearly stated she does not consent to her personal data being shared with Mr X. We cannot override her wishes. She has capacity to make this decision. Without this consent, we would be unable to add to the response already provided by the Council or provide further information to Mr X and so we cannot effectively investigate this complaint.

Back to top

Investigator's decision on behalf of the Ombudsman