Liverpool City Council (23 000 561)
Category : Adult care services > Other
Decision : Closed after initial enquiries
Decision date : 15 May 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council contacting another authority without Mr X’s consent. This is because the Information Commissioner’s Office is better placed to consider the complaint.
The complaint
- Mr X complains the Council contacted another authority without his consent in April/May 2022.
The Ombudsman’s role and powers
- The Ombudsman investigates 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 an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X raised concerns about a best interest assessment that was completed in February 2021. The Council confirmed another service had completed the assessment and that service was managed by a different organisation. However, the Council confirmed it worked in partnership with that organisation.
- The Council asked Mr X for consent to contact the other organisation. Mr X said he never gave consent for the Council to do so. Mr X said he subsequently found out the Council had contacted the organisation despite not giving consent.
- This complaint is better dealt with by the Information Commissioner’s Office (ICO). This is because Mr X’s complaint is solely about the Council’s handling of his data. The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation.
Final decision
- We will not investigate Mr X’s complaint because another body is better placed to consider the complaint.
Investigator's decision on behalf of the Ombudsman