The Ombudsman's final decision
Summary: We cannot investigate this complaint about the quality of care Mr X’s late mother received in a care home. This is because it was arranged by the National Health Service not the Council.
The complaint
Mr X complained about the lack of communication from a care home when his mother was placed with them. He also complains the care plan put into place for his mother was inadequate.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended) We cannot investigate the actions of bodies such as the National Health Service (NHS). (Local Government Act 1974, section 25, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s mother, Mrs Y, was discharged from hospital into a care home in 2020.
The Council has confirmed Mrs Y’s care was arranged and funded by the NHS. We have no power to investigate complaints about NHS funded care. The Parliamentary and Health Services Ombudsman (PHSO) may be able to do so.
Final decision
We will not investigate Mr X’s complaint because it is not about Council actions or matters for which the Council is responsible.
Investigator's decision on behalf of the Ombudsman