Summary: We will not investigate Mrs X’s complaint about the Council’s decision not to share information on the outcome of a complaint about her grandmother’s care. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. The complainant, Mrs X, complains about the Council’s decision not to share the outcome of a complaint about her deceased grandmother’s care with her.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mrs X asked the Council to share the outcome of its investigation into a complaint about her deceased grandmother’s care which was made by her grandmother’s executor. Mrs X said the executor had not shared the outcome of the investigation with her.
7. The Council told Mrs X it would not share this information with her because she was not the complainant; did not have power of attorney for her grandmother when she was alive and is not an executor.
8. We will not investigate Mrs X’s complaint. This is because there is no sign of fault in the Council’s decision not to share the information with her for the reasons set out above. The same restriction would also apply in relation to sharing information where a complaint is made to this office.
9. In response to our initial contact with the Council it told us it could, if Mrs X agrees, contact the executor to ask whether they consent to the information being shared with her. If consent is provided, it will share the outcome of the complaint with Mrs X. This is a matter for the executor to decide.

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Final decision

10. We will not investigate Mrs X’s complaint because there is no sign of fault by the Council.

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Investigator's decision on behalf of the Ombudsman