Summary: We will not investigate Mr X’s complaint about the Care Provider. This is because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate.

The complaint

1. The complainant, whom I shall call Mr X, complains the Care Provider has not provided specific information he requested about a complaint he submitted. He also complains the Care Provider did not respond to his further contact following its final response and did not provide signposting information.

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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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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 action has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, sections 34B(8) and (9))

4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data matters. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained to the Care Provider about the actions of two members of staff at its care home. He complains the Care Provider has not shared with him the verbatim responses the staff members gave in response to his allegations. He also complains the Care Provider did not respond to his further contact or agree to meet with him following its final complaint response and its final response did not include signposting information.
8. We will not investigate Mr X’s complaint that the Care Provider has not provided information about the staff members’ exact responses to his allegations. This is because this is a data matter best considered by the Information Commissioner’s Office (ICO). If Mr X considers he is entitled to this information he can ask the ICO to consider it. It is the body set up to consider such matters and best placed to make a ruling.
9. We will not investigate Mr X’s complaint that the Care Provider did not respond to his further contact or agree to meet with him following its final response to his complaint. This is because it is unlikely we would find sign of fault by the Provider as it is a matter it was entitled to consider and decide.
10. We will not investigate Mr X’s complaint that the Care Provider’s final response did not include signposting information. This is because this did not cause Mr X any significant personal injustice which is serious enough to warrant an investigation. Mr X was already aware of his right to make a complaint to this office and he did so shortly after receiving the Care Provider’s final complaint response.

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Final decision

11. We will not investigate Mr X’s complaint. This is because the data issue is best considered by ICO; there is no sign of fault in the Care Provider’s decision not to continue correspondence following its final response and the Care Provider’s failure to signpost Mr X to this office did not cause him any significant personal injustice.

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Investigator's decision on behalf of the Ombudsman