Hertfordshire County Council (20 004 807)
Category : Adult care services > Residential care
Decision : Closed after initial enquiries
Decision date : 18 Nov 2020
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint the Council-funded Care Provider refused to provide her mother’s care records following her death. The records have now been provided to Miss X and our involvement would not now make a meaningful difference, as this was the outcome Miss X sought from complaining.
The complaint
- Miss X complained the Care Provider, on behalf of the Council, did not provide her with her mother’s care records following her death. This caused delays in Miss X being able to make arrangements following her mother’s death, and significant distress to rep.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. 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 it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered the information Miss X provided when she complained to us.
- I gave Miss X the opportunity to comment on my draft decision.
What I found
- Miss X’s mother lived in a care home and died in May 2020. Miss X says she asked the Care Provider to give her a copy of her mother’s records but it did not provide these to her. Miss X complained to the Ombudsman.
- We spoke to Miss X in November 2020, and she said the Care Provider had now sent her the records. This was the outcome Miss X sought from complaining, so our further involvement would not now lead to a different outcome.
Final decision
- The Ombudsman should not investigate this complaint. This is because the outcome Miss X sought has now been achieved and so it is unlikely further investigation will lead to a different outcome.
Investigator's decision on behalf of the Ombudsman