Summary: We will not investigate Ms X’s complaint about how the Council recorded her concerns about her mother and its failure to consult with her about her mother’s care. There is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complains the Council inaccurately recorded issues she raised over her mother’s care. She is also unhappy the Council failed to consult with her about her mother’s care.
2. She says has experienced personal distress, defamation of character and financial hardship. She wants compensation, the Council to correct its records and to consult her on safeguarding matters and her mother’s placement

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The Ombudsman’s role and powers

3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
5. 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 there is not enough evidence of fault to justify investigating, 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

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.
8. The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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My assessment

9. Ms X’s mother, Mrs Z, receives care. Ms X used to have lasting power of attorney to represent Mrs Z. However, the Court of Protection has temporarily suspended this and appointed an independent person to represent Mrs Z. Mrs Z’s care is currently being overseen by the Court of Protection.
10. Ms X is unhappy with the Council’s actions. She says its reports about her are false and it does not consult her about Mrs Z’s care. She says it has ignored her safeguarding concerns.
11. We will not investigate Ms X’s complaints because there is not enough evidence of fault to justify an investigation. Mrs Z has an independent representative and the Court of Protection is responsible for decisions about Mrs Z’s care. There is no duty to consult with Ms X. If Ms X has any safeguarding concerns she can report them to the Council, Court of Protection or the independent representative but it is their decision what action to take.
12. If Ms X is unhappy with the Council’s records, she can complain to the Information Commissioner’s Office who is better placed to handle this type of complaint.
13. Ms X is also concerned about defamation of character. Only the courts can consider such matters and award damages. Therefore, we will not consider this further.

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Final decision

14. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman