Durham County Council (21 017 992)

Category : Adult care services > Assessment and care plan

Decision : Closed after initial enquiries

Decision date : 30 Jun 2022

The Ombudsman's final decision:

Summary: We cannot investigate this complaint about the lack of support from Social Care services after the complainant’s relative was discharged from hospital. This is because the complainant’s care was in the context of mental health care which comes under the jurisdiction of the NHS not the Council. We have no powers to investigate complaints solely about NHS matters.

The complaint

  1. Mr Y complains about what happened to his relative (Mr X) after he was discharged from hospital without any community support.
  2. Mr Y says the family have had to step in to provide Mr X with support including finding accommodation.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. We investigate complaints about councils and certain other bodies. We cannot investigate the sole actions of the NHS. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

  1. I considered information provided by the complainant, the Council, the NHS and the Joint Working Team.
  2. I considered the Ombudsman’s Assessment Code.

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Final decision

  1. We cannot investigate Mr Y’s complaint as all the care complained of is in connection with Mr X’s mental health.

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Investigator's decision on behalf of the Ombudsman

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