Summary: We will not investigate this complaint about Mr X being blocked from having access to information about his disabled partner. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains he has been blocked from having access to information about his disabled partner. He says his partner’s care home will not disclose information to him, or speak to him, about his partner. He also complains the care provider will not deal with his complaint.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe there is not enough evidence of fault to justify investigating. (Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says his disabled partner was moved into a new care home. He says his partner has mental capacity.
6. The care provider said it had no consent registered for Mr X in relation to his partner. Therefore, it could not share any information with him. The care provider also declined to respond to Mr X’s complaint for this reason.
7. Mr X has not provided any evidence to suggest the care provider does have consent to share information with him. Therefore, we are not likely to find fault with the care provider’s actions as it cannot share information about a person to a third party without appropriate consent.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman