Staffordshire County Council (22 005 549)
Category : Adult care services > Other
Decision : Closed after initial enquiries
Decision date : 04 Sep 2022
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about a care provider not releasing information to him regarding what happened on the day his mother was found unresponsive by her carers. This is because there is another body better placed to consider the complaint.
The complaint
- Mr X complains his mother’s care provider will not release information to him regarding what happened on the day his mother was found unresponsive by her carers.
The Ombudsman’s role and powers
- 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X’s complaint is purely about the care provider’s decision to not share information with him as he is not his mother’s next of kin. This is therefore a complaint about data processing and information sharing.
- Mr X’s mother’s care was commissioned by the Council. This means the Council is responsible for the care Mr X’s mother received. This also means it is the Council’s responsibility to decide whether to disclose information to Mr X.
- The Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes disclosing information.
- Where someone has a complaint about data processing and information sharing, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. I consider that to be the case here and Mr X should therefore approach the ICO about his concerns.
Final decision
- We will not investigate Mr X’s complaint because there is another body better placed to consider the complaint.
Investigator's decision on behalf of the Ombudsman