The Ombudsman's final decision
Summary: We cannot investigate this complaint about behaviour when collecting telecare equipment, because the Council is not responsible for the issues raised. The body that is responsible is not in our powers to investigate.
The complaint
Mr B says a staff member tried to force entry to his home when collecting telecare equipment that was no longer needed. Mr B says when he challenged the member of staff, they became defensive and aggressive. Mr B is distressed and anxious.
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).
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 member of staff Mr B complains about is not a member of Council staff, nor were they acting on behalf of the Council. The Council was not responsible for the provision or collection of the telecare equipment, so none of the Council’s administrative functions were engaged.
Final decision
We cannot investigate Mr B’s complaint because the Council is not responsible for the issues raised. The body that is responsible is not within our powers to investigate.
Investigator's decision on behalf of the Ombudsman