The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about the Council contacting him when he told it not to. This is because further investigation could not add to the Council’s response. We are satisfied an apology remedies the injustice caused to Mr B.
The complaint
Mr B complained he was contacted by the Council even though he had told it he did not want to be contacted about his aunts care. Mr B says he said he did not want to be contacted following his aunts return home against his wishes and those of her Care Provider when they expressed concerns about her safety. Mr B says he should be financially compensated for the emotional stress and anxiety the Council has caused him and says the Council should be made to adhere to instructions on its system. In addition, Mr B says the Council did not follow its own complaint processes and failed to provide it with contact details of the Local Government and Social Care Ombudsman. Mr B says he had to find the details himself.
The Ombudsman’s role and powers
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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council explained it contacted Mr B at the request of his aunt as she was concerned she had not heard from him. It clarified it did not contact him to discuss his aunts care but was only relaying a message. It apologised if the contact had caused him distress and advised him of his single point of contact if there were any misunderstandings or queries. We could not add to this, and we are satisfied the Council was only relaying his aunts request for contact not asking him to engage with it regarding her care. In this case we are satisfied an apology remedies the injustice caused and will not investigate further.
Mr B is concerned the Council did not follow its complaint processes and did not signposted him to us. We will not normally investigate the way the Council considered a complaint if we are not investigating the substantive matter. That is the case here. Mr B has come to us on previous occasions and knew of our existence. We have considered his complaint about the Council contacting him so there is no injustice from this point warranting an Ombudsman investigation.
Final decision
We will not investigate Mr B’s complaint because further investigation could not add to the Council’s response, and we are satisfied an apology remedies the injustice caused to Mr B.
Investigator's decision on behalf of the Ombudsman