Summary: We will not investigate this complaint about a care provider’s decision not to offer a placement to a person. The provider has already given Mr X a response to his concerns, and it is unlikely further investigation by us would lead to a different outcome.

The complaint

1. Mr X complained about the decision a care provider made not to offer a placement to his family relative. He complained the provider shared information about him with others, which has impacted his mental health. Mr X would like an apology and compensation from the provider.

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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:
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(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 care provider.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X said a care provider carried out an assessment to determine if it was able to offer a placement to Mr X's relative. Mr X was present at the assessment.
6. On a later date the care provider decided not to make an offer of a placement and told a relative of Mr X of the decision, citing reasons why this was the case. Mr X was unhappy with the decision, including information the care provider shared about him.
7. The care provider gave Mr X an explanation of its decision and answered his questions. It provided information for him to make a formal complaint to it.
8. We will not investigate this complaint about a care provider’s decision to decline a placement. This is because Mr X has now had an explanation for the care providers decision, and this is a decision it is able to make, therefore any investigation by ourselves would likely not lead a different outcome and we would be unable to achieve the outcome Mr X would like.
9. Nor will we investigate the part of Mr X’s complaint about what information the care provider shared. The Information Commissioner’s Office is a body better placed to consider complaints of this nature.

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Final decision

10. We will not investigate Mr X’s complaint because further investigation would be unlikely to lead to a different outcome and we would be unable to achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman