The Ombudsman's final decision
Summary: We cannot investigate this complaint about adult social care, because the care package is arranged and funded by the NHS.
The complaint
Ms B says The Council has not followed the correct processes to meet her relative, Ms C’s, care and support needs. This has impacted Ms B’s health and relationship.
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 an organisation. (Local Government Act 1974, section 26(1) as amended).
We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as Integrated Care Boards. (Local Government Act 1974, sections 25 and 34(1), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms C’s care is arranged by the NHS. Although the Council has been involved in Ms C’s care planning, its actions in this case are on behalf of the NHS. The Ombudsman can investigate concerns about adult social care which are arranged by a council or arranged privately. We have no powers to investigate care arranged by or on behalf of the NHS.
Final decision
We cannot investigate Ms B’s complaint because we have no powers to investigate care arranged by the NHS.
Investigator's decision on behalf of the Ombudsman