The Ombudsman's final decision
Summary: We will not investigate this complaint about failures in support, because the support complained about was not arranged by the Council. So, we have no powers to investigate the provider in this case.
The complaint
Ms B complains about the actions of staff at a support group she attends. Ms B says staff missed opportunities to support her before, during and after she went into mental health crisis.
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 investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, sections 24A(1)(A) and 25(7), as amended).
We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) 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
The drop-in service Ms B accessed was not a service the Council was currently commissioning to meet Ms B’s eligible adult social care need. The provider was not acting on behalf of the Council. Therefore, the Ombudsman has no powers to consider Ms B’s complaint.
Final decision
We will not investigate Ms B’s complaint because we have no powers to consider the issues.
Investigator's decision on behalf of the Ombudsman