Summary: Mrs B complained that the Council terminated her son’s day care service without good reason and failed to offer any alternative provision. On the evidence available we found the Council was providing services on behalf of the NHS and so we cannot consider the complaint. Mrs B should complain to the Parliamentary and Health Service Ombudsman (PHSO).

The complaint

1. Mrs B complained that Milton Keynes Council (the Council) terminated her son, Mr D’s day care service without adequate justification and without recognising the failure to follow his care plan significantly contributed to the incident in June 2021. The Council also failed to offer any alternative provision. Mr D was left with no provision until September 2021. The situation caused Mr D and Mrs B significant distress and inconvenience.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the National Health Service. (Local Government Act 1974, sections 25 and 34A, as amended)
4. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

5. I have considered the complaint and the documents provided by the complainant, made enquiries of the Council and considered the comments and documents the Council provided. Mrs B and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

6. Mr D has complex needs. He requires daily care and support. In February 2019 he became eligible to receive Continuing Healthcare Funding from the National Health Service (NHS). This means the NHS was responsible for his care including commissioning and funding it.
7. In March 2019 the NHS asked the Council to provide a day care service for Mr D. Mr D started attending on a full-time basis in September 2019. Following interruptions due to COVID19 Mr D restarted at the placement in February 2021.
8. In June 2021 following a serious incident involving Mr D, the day service said it could no longer meet Mr D’s needs. Mrs B complained to the Council. In responding to her complaint, the Council accepted there had been some fault in the way the situation had been handled and, in the assessments carried out in respect of Mr D. But it upheld its view that it could not provide a service to Mr D.
9. Mrs B then complained to us.

Analysis

10. Mr D was eligible for NHS funding from February 2019. This means that the Council was acting as a health provider on behalf of the NHS and so we cannot consider the complaint. Mrs B should complain directly to the Parliamentary and Health Service Ombudsman.

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Final decision

11. I have discontinued my investigation because the complaint is about the actions of the health service, not the Council and so is outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman