London Borough of Barnet (22 001 430)
Category : Adult care services > Assessment and care plan
Decision : Closed after initial enquiries
Decision date : 11 Sep 2022
The Ombudsman's final decision:
Summary: We have decided not to investigate the complaint as it relates to the actions of a registered social housing provider and is outside of the Ombudsman’s jurisdiction.
The complaint
- Ms B complains that an occupational therapist failed to properly assess their needs.
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. We cannot investigate the actions of bodies such as registered providers of social housing. (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
- I have considered the information the Council and Ms B have sent.
What I found
- Ms B rents a home from a registered social housing provider which is independent from the Council. The occupational therapist was employed by the registered social housing provider via a different organisation.
- From April 2013 the Housing Ombudsman took over responsibility for all new complaints about social housing. This includes complaints about the actions of registered social housing providers. Therefore, as the complaint relates to the occupational therapist’s report and as the occupational therapist was employed by the registered social housing provider, it is outside of the Local Government and Social Care Ombudsman’s jurisdiction.
Final decision
- I will not investigate this complaint as it is outside of the Ombudsman’s jurisdiction.
Investigator's decision on behalf of the Ombudsman