Summary: The Ombudsmen will not investigate Ms D’s complaint that the Council and Trust held inaccurate information about her. This is because the Information Commissioner is the appropriate organisation to consider her complaint about records.

The complaint

1. Ms D complains about incorrect information in her medical records from 2015 onwards. She complains Wigan Metropolitan Borough Council (the Council) and Greater Manchester Mental Health NHS Foundation Trust (the Trust) continued to share this incorrect information between them and other organisations involved in her care. Ms D also said a letter about her diagnosis should have been included with her records for doctors to see, but this did not happen.
2. Ms D says the inaccurate information in the records has had a detrimental effect on the more recent care and treatment she has received.
3. As a result of her complaint, Ms D wants the Trust and Council to give her copies of the documents she says they have shared, as well as copies of more recent documents and recordings from her records.

Back to top

The Ombudsmen’s role and powers

4. The Ombudsmen investigate complaints about ‘maladministration’ and ‘service failure’. We use the word ‘fault’ to refer to these. If there has been fault, the Ombudsmen consider whether it has caused injustice or hardship (Health Service Commissioners Act 1993, section 3(1) and Local Government Act 1974, sections 26(1) and 26A(1), as amended).
5. The Ombudsmen provide a free service, but must use public money carefully. They may decide not to start or continue with an investigation if they believe there is another body better placed to consider this complaint (Health Service Commissioners Act 1993, section 3(2) and Local Government Act 1974, section 24A(6), as amended).
6. 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)

Back to top

How I considered this complaint

7. I considered Ms D’s complaint and the information she provided. I also considered the complaint responses from the Council and Trust.
8. Ms D had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

My assessment

9. Ms D says there has been incorrect information in her medical records since 2015. She says the Council and Trust have continued to share this inaccurate information and this has had an impact on her current healthcare.
10. Ms D is seeking copies of the records that she complains are inaccurate, as well as copies of more recent documents and recordings. She also wants the organisations to make an addendum to her records.
11. In its response to Ms D’s complaint, the Council advised her to request her records through a subject access request (SAR) if she wished to see them. The Council said it could support Ms D with doing so if needed, and provided further information about this.
12. Once Ms D receives copies of the records she wants to see, it would be reasonable for her to contact the Information Commissioner should she have any further concerns about the records. This is because the Information Commissioner is better placed to consider her complaint about data protection.

Back to top

Final decision

13. We will not investigate Ms D’s complaint that the Council and Trust held inaccurate information about her, because the Information Commissioner is a more appropriate organisation to consider the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman