Summary: We will not investigate Mr X’s complaint about matters relating to his partner’s decision not to see him anymore. This is because there is no sign of fault by the Council.

The complaint

1. The complainant, whom I shall call Mr X, complains his partner, Ms A, has been manipulated into making a decision not to see him anymore. He also complains the Council has not answered his question about where it obtained a copy of a letter from Ms A in which she stated she did not want to see Mr X.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about concerns Ms A had been manipulated into making a decision not to see Mr X. He also complained the Council did not answer his question about where it obtained a copy of a letter from Ms A in which she stated she did not want to see Mr X anymore. Mr X says the Council’s failure to answer his question indicates a cover up.
7. The Council explained that in response to his concerns, it commissioned a best interest assessor who visited Ms A at the care home where she lives. Ms A has mental capacity. She confirmed the letter sent to Mr X reflected her own wishes and feelings and that this remained the case. The officer was satisfied there was no evidence to support Mr X’s view that Ms A had been coerced and that she had made her own decision to end her relationship with Mr X.
8. There is no sign of fault by the Council here. It has taken suitable steps to satisfy itself that Ms A had not been manipulated or controlled and reached her own decision on her relationship with Mr X.
9. Whilst I note Mr X would like the Council to answer his question about where it obtained a copy of the letter, there is no fault in the Council’s decision not to share this information with him. This is because Mr X does not act for Ms A, Ms A has not consented to the sharing of information and it is not his document.

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Final decision

10. We will not investigate Mr X’s complaint. This is because there is no sign of fault by the Council and there is nothing we would add to the response already provided via the Council’s investigation.

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Investigator's decision on behalf of the Ombudsman