Summary: We will not investigate this complaint about the Council’s mental health team contacting Ms X. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Ms X, says an officer from the Council’s mental health team should never have contacted her as she has no mental health issues.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Ms X, including the Council’s response to her complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. By law, when a council is contacted with concerns a person or body has for a resident of its borough, the council has to contact that resident.
6. In this case, the police contacted the Council with their concerns about Ms X’s welfare and the Council then contacted Ms X to see if it could provide her with any help or support.
7. While I understand Ms X was distressed to have had this contact and enquiry from the Council, it is not evidence of fault and an investigation is unlikely to find evidence of fault by the Council.
8. Ms X has referred to her wish for information to be released to her by her GP. However, GPs and their service do not fall within our authority. Ms X can contact the Information Commissioners Office about this matter.

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Final decision

9. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman