Summary: We will not investigate this complaint about care provided to the late Mrs C. This is because we could not add to the Care Provider’s responses even if we investigated. Mrs B can ask the Information Commissioner’s Office (ICO) to consider whether she should have access to the information she says she wants but has not received from the late Mrs C’s Care Provider, and it would be reasonable for her to do so.

The complaint

1. Mrs B says she has not received all the information she wants about care and support provided to her late mother, Mrs C, specifically regarding what happened on 13 June 2021. Mrs B says she needs this information to pursue a complaint about the hospital. Mrs B says the Care Provider’s response that it gave all documentation about Mrs C’s care to the coroner when requested is not satisfactory. Mrs B says she has not received answers to all the questions she has about Mrs C’s care and support.

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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. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

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

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My assessment

6. The Care Provider responded to Mrs B’s complaints and explained it provided her with copies of Mrs C’s documents. It also explained this information was provided to the coroner as requested. The Care Provider confirmed it had provided information as transparently and factually as it could and there was nothing else to disclose.
7. We could not make a different finding even if we investigated. While Mrs B says she has not had all the answers she wants it is not the role of the Ombudsman to provide her with these answers. If she believes the Care Provider is withholding information/documentation she needs, it would be reasonable for her to ask the Information Commissioner’s Office (ICO) to consider her concerns, explain what documentation she wants and say why she wants it. Information about the ICO can be found on the website below:

FOI and EIR complaints | ICO

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Final decision

8. We will not investigate Mrs B’s complaint because we could not add to the Care Provider’s response or make a different finding. It would be reasonable for Mrs B to ask the ICO to consider her concerns about withheld information.

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Investigator's decision on behalf of the Ombudsman