Summary: We will not investigate Mr X’s complaint about information the Council has provided to another organisation. We have no powers to force the Council to take the action Mr X wants.

The complaint

1. Mr X is the owner of a company that provides residential care. He alleges the Council has provided inaccurate information about his company to the Care Quality Commission (CQC). He wants the Council to publicly retract its inaccurate statements and enter mediation with his company to reach a meaningful resolution.

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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 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:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Any issues Mr X has with information the Council has provided to the CQC are for him to pursue with the CQC directly. This may include providing the CQC with evidence to counter the statements from the Council, which he believes to be inaccurate. We have no powers to become involved in such matters and we cannot enforce the Council takes the action Mr X wants.
6. Mr X alleges statements made by the Council about his company are defamatory. Defamation and its determination are legal matters we have no jurisdiction to consider. Only the courts can make a finding on such matters and whether an organisation should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.

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Final decision

7. We will not investigate Mr X’s complaint because we cannot achieve the outcomes the complainant wants.

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Investigator's decision on behalf of the Ombudsman