Summary: We will not investigate this complaint about the Care Home’s handling of Mrs X’s request for her late mother’s care home records. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We do not have powers to compel the Care Home to provide Mrs X with the care home records, and, also, the Information Commissioner may be better placed to advise Mrs X.

The complaint

1. In short, Mrs X complains about the Care Home’s failure to provide her with its records documenting the care it provided to her late mother.
2. Mrs X says she needs these records to make a retrospective application for continued healthcare funding for her late relative.

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The Ombudsman’s role and powers

3. 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)
4. We investigate 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 or continue an investigation if we decide there is a more suitable agency to look at the complaint, and, we are unlike to achieve a worthwhile outcome by investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. Mrs X held full Lasting Power of Attorney status (both finance and welfare) when her mother was alive.
8. However it seems Mrs. X has been advised that, under Anchor’s interpretation of UK GDPR rules, it does not provide relatives with the records of the person who has died.
9. We will not investigate. The Ombudsman has no powers to compel the Care Home to provide the records requested.
10. Further, we do not usually consider issues arising from interpretations of information rights laws as these are better addressed by the Information rights regulator: the Information Commissioner.

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Final decision

11. We will not investigate Mrs X’s complaint because we are unlikely to achieve a worthwhile outcome and because the Information Commissioner is better placed to consider her complaint.

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Investigator's decision on behalf of the Ombudsman