Summary: We will not investigate this complaint about the Care Provider failing to provide care records. There is not enough evidence of fault in how the Care Provider dealt with the request to justify our involvement. Further investigation would not lead to a different outcome.

The complaint

1. Miss X complained the Care Provider has failed to give her a copy of a deceased relative, Mrs Y’s care records. She said she needed these records to claim retrospective funding for a period of Mrs Y’s care. She said she had provided the Care Provider two letters showing the next of kin had authorised her to obtain this information. She said the Care Provider had a responsibility to provide the requested information under the Access to Health Records Act 1990.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. If they have caused an injustice we may suggest a remedy. (Local Government Act 1974, sections 34 B, 34C and 34 H(3 and 4) as amended)
3. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

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

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My assessment

6. The Care Provider said Miss X had provided two letters of authorisation to it from the next of kin. It said it had concerns as neither letter was addressed to it. It said it contacted the next of kin and they confirmed the letter of authorisation did not extend to it as an organisation. The Care Provider emailed Miss X explaining this and that it would not release the care records. It also explained that the Access to Health Records Act 1990 did not apply, as it was not a primary care provider. The Care Provider suggested other options for Miss X to access the care records.
7. Although Miss X is unhappy with this decision, we will not investigate further. The Care Provider has not got authorisation from the next of kin to disclose Mrs Y’s care records. It is satisfied the legislation Miss X has requested information under is not applicable to it as an organisation. There is not enough evidence of fault in how the Care Provider considered the request for care records to justify our involvement. Further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman