Derbyshire County Council (24 014 421)

Category : Adult care services > Other

Decision : Closed after initial enquiries

Decision date : 19 Feb 2025

The Ombudsman's final decision:

Summary: We will not investigate Ms X’s complaint the Councils refused to consider new complaints from her. There is not enough evidence of fault to justify our involvement.

The complaint

  1. Ms X complained the Council:
    • stopped funding her telephone line;
    • holds information about her wrongly stating she is mentally unwell;
    • is working in partnership with Health Services and the Police against her; and
    • refused to accept new complaints from her after it applied its persistent complainant policy.
  2. Ms X said the Council’s actions has caused her emotional distress. She wants the Council to rectify incorrect information it holds about her; restore her phone line and pay her compensation for the distress caused.

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The Ombudsman’s role and powers

  1. 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.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. We previously investigated Ms X’s complaint the Council stopped funding her telephone line, that it held inaccurate information about her and about its contact with partnership agencies. We did not find fault with the Council. We will not consider these matters further.
  2. We have previously directed Ms X to the Information Commissioner’s Office (ICO), if she believes the Council holds inaccurate information about her. The ICO considers complaints around the right to rectification.
  3. The Council wrote to Ms X in 2023 and said it would not accept adult social care complaints from her it had already considered. The Council made that decision in line with its persistent complainant policy. There is not enough evidence of fault in the Council’s decision to justify our involvement. The complaints Ms X has bought to the Ombudsman are matters the Council and the Ombudsman have previously considered.

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Final decision

  1. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman

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