Summary: Mr X complains about the Council’s refusal to investigate his concerns about the care received by his daughter, Ms Y and to share her social care records with him. We are discontinuing our investigation because the Information Commissioner is best placed to deal with Mr X’s wish to see Ms Y’s records. In addition, the Council’s offer to engage with Ms Y’s family to discuss their concerns about her care is a reasonable one for Mr X to pursue first to try and resolve the matter.

The complaint

1. Mr X complains about the Council’s refusal to fully investigate his concerns about the care received by his daughter, Ms Y from its Adult Social Services. Mr X also complains about the Council’s refusal to share Ms Y’s care records with him.
2. Mr X says because of this many questions remain unanswered and potential failings have not been addressed causing him distress. Mr X says he would like access to all of Ms Y’s social care records.

Back to top

The Ombudsman’s role and powers

3. The Information Commissioner’s Office (ICO) 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.
4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

Back to top

How I considered this complaint

5. I have read the papers submitted by Mr X and his correspondence with the Council over the matter. I have discussed the complaint with Mr X.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

7. Ms Y was Mr X’s daughter. Ms Y left the parental home in the 1990’s and moved into rented accommodation. Mr X said he and Mrs X lost touch with Ms Y during the 2000’s. Mr X says he was led to assume other family members were in touch with Ms Y and keeping track of her care as she had health conditions.
8. Ms Y sadly died in January 2019. Other members of the family made the funeral arrangements. Mr X learned of Ms Y’s death about a month later from a family member.
9. Mr X has made another complaint to us and the Parliamentary and Health Service Ombudsman about the lack of appropriate, coordinated care planning or support provided for Ms Y (by the Council, NHS hospital trust and a GP) throughout 2018. The Ombudsmen have the power to jointly consider complaints about health and social care. Since April 2015, a single team has considered these complaints acting on behalf of both Ombudsmen. (Local Government Act 1974, section 33ZA,as amended, and Health Service Commissioners Act 1993, section 18ZA)
10. The team considered Mr X’s complaint. But did not consider Mr X was a suitable person to act as Ms Y’s representative and bring a complaint to the Ombudsmen on her behalf. This was because the evidence showed Mr X had not been involved with Ms Y or her care for many years and was not her personal representative.

The Council’s response to Mr X’s complaint

11. The Council says officers discussed with Mr X his request for copies of Ms Y’s social care records in April 2019. Officers advised the Council could not share the documents with him as he was not considered Ms Y’s next of kin. The Council also advised Mr X ‘the duty of confidentiality can continue beyond the passing of an individual and can restrict what information can be discussed even after death.’
12. The Council responded to Mr X’s concerns about the care of Ms Y and whether its safeguarding team had investigated issues and taken action. The Council told Mr X its safeguarding team ‘took all appropriate measures and also have to take into account the wishes and consent of the individuals they interact with’.
13. The Council advised us it has been corresponding with Mr X about the matter, but he has not pursued a complaint through its formal complaint procedure. The Council understands Mr and Mrs X were estranged from Ms Y and have been mainly asking for information and answers rather than making a formal complaint about social care services Ms Y received.
14. The Council is willing to engage with Ms Y’s family to try and address their concerns. But says this will need to be with consideration of the sensitivity and potential confidentiality around the medical and social care records of a deceased individual.

My assessment

Mr X says he has been refused access to Ms Y’s social care records by the Council. But I have not seen evidence to show Mr X has made a formal request to the Council for information or the records. Mr X can submit a Subject Access Request (SAR) to the Council for any information it may hold about Ms Y, such as her social care records. The Council can then consider the request. If Mr X is unhappy with the Council’s response, he can complain to the ICO. The ICO is the UK’s authority on data protection matters including SAR requests. It can decide whether the Council has not responded properly to Mr X’s request and therefore is best placed to deal with this part of Mr X’s complaint. Mr X can then pursue the appeal procedures in place if he is unhappy with ICO’s decision notice.

15. The Council’s offer to engage with the family and discuss their concerns is a reasonable offer to try and resolve the matter. As such my view is that Mr X should consider taking up this offer. If Mr X remains dissatisfied following any contact he chooses to make and discussions with the Council, he can formally complain to the Council. Once Mr X has completed the Council’s complaints procedure, he can complain to us again to consider his concerns. But we would need to consider again whether Mr X is a suitable person to make any complaints on behalf of Ms Y.

Back to top

Final decision

16. I am discontinuing my investigation into Mr X’s complaints. This is because the ICO is best placed to consider Mr X’s concerns about wanting access to Ms Y’s social care records. And the Council’s offer to engage with Ms Y’s family to discuss their concerns about her social care is a reasonable one for Mr X to pursue first to try and resolve the matter.

Back to top

Investigator's decision on behalf of the Ombudsman