Summary: We will not investigate this complaint about the Council using Miss X as the point of contact for her neighbour’s care. We are satisfied with the action it proposes to take, to provide a symbolic payment to remedy the distress and inconvenience it caused her.

The complaint

1. Miss X complained about her neighbour’s carer hurting her, and the Council and carers wrongly using her as a point of contact about her neighbour’s care. The issues have caused Miss X distress and worsened her mental health. Miss X also says the Council is not providing her any care or safeguarding despite her having care needs. Miss X wants the Council to provide her care and support, and provide compensation for the distress and inconvenience of acting on her neighbour’s behalf.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider the complaint.

(Local Government Act 1974, section 24A(6))

3. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
4. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply (Local Government Act 1974, section 26(5))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X provided some support to her neighbour regarding their care. The Council recorded her on its systems as an informal advocate. However, Miss X says she has since had unwanted contact. She asked the Council to remove her details.
8. The Council has accepted fault in response to Miss X’s complaint, explaining it did not properly remove her details from her neighbour’s file when she asked it to. It has apologised.
9. The Council told me it did not arrange for Miss X’s details to be used by other companies, but has told her it would provide support to have her details removed if she provided information about which companies had contacted her. Miss X told the Council in February 2022 which companies had contacted her. There is not enough evidence we would find fault in the Council’s actions in this respect, as on the balance of probabilities, it would not have shared her details with companies such as Sky and BT.
10. Should Miss X receive further contact about her neighbour, it is open to her to tell each company to remove her contact details from her neighbour’s file. If she is not happy with the response, it is open to Miss X to contact the Information Commissioner’s Office as the appropriate organisation responsible for considering concerns about organisations’ data practices.
11. Miss X’s complaint to us included the Council not providing her with care and support for her own needs. The Council said in a complaint response in May 2021 that it offered Miss X an assessment, but she declined this at the time. It is open to Miss X to ask the Council again to assess her needs with a view to providing her care and support. She should then make a formal complaint to the Council if necessary, as she has not yet done so. It is open to Miss X to bring her complaint to us if she remains unhappy after complaining to the Council.
12. Miss X’s complaint also included her neighbour’s carer causing her an injury. The police are the appropriate organisation to consider this issue, and so we will not investigate this matter. Miss X has already notified the police of the incident.

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Agreed action

13. The Council’s apology remedies some, but not all, of the injustice Miss X experienced. The Council has agreed to pay Miss X a symbolic financial remedy of £250 to recognise the distress and inconvenience it caused her. It will do so within one month of my decision.

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Final decision

14. We will not investigate Miss X’s complaint because we are satisfied with the action the Council proposes to take.

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Investigator's decision on behalf of the Ombudsman