Summary: Mrs D complains about the way she was treated by a care home whilst her late mother, Mrs F, was resident there. She also complains the home did not enable her to see her mother when she was at the end of her life. I have discontinued my investigation. This is because it is out of the Ombudsman’s jurisdiction as Mrs F’s care was funded by the NHS.

The complaint

1. Mrs D complains about poor communication and the way she was treated by a care home whilst her late mother was resident there. Mrs D also complains the home did not enable her to see her mother when she was at the end of her life.
2. Mrs D says the way she was treated left her traumatised and she has required counselling.

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The Ombudsman’s role and powers

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

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How I considered this complaint

5. I spoke to Mrs D about her complaint and considered the Council’s response to my enquiries.
6. Mrs D 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

NHS continuing healthcare

7. NHS Continuing Healthcare is a package of care arranged and funded by the health service to meet physical or mental health needs that have arisen because of a disability, accident, or illness.
8. The NHS can provide continuing healthcare at home or in a residential care home. The NHS is responsible for meeting the full cost of care in a care home for residents whose primary need for being in care is health-based.
9. Complaints about NHS Continuing Healthcare are dealt with by the Parliamentary and Health Service Ombudsman (PHSO).

What happened

10. Mrs D’s mother, Mrs F, was discharged from hospital to a care home in December 2020. She was at the end of her life. Mrs D says the care home would not let her visit due to COVID-19 restrictions. Mrs D called the care home manager on 12 January to ask whether she could see her mother. Mrs D says this was a terrible conversation, the manager was not compassionate and became aggressive. Mrs F sadly passed away two days later without Mrs D having visited.
11. Mrs D complained to the care home but was dissatisfied with the response. She said it was defensive and wrongly portrayed her as aggressive, which she found shocking. She complained to the Ombudsman.
12. In response to my enquiries the Council confirmed that Mrs F’s care was fully funded by the NHS via Continuing Healthcare. We cannot investigate complaints about NHS funded care. Therefore, the complaint is outside our jurisdiction.

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Final decision

13. I have discontinued my investigation. This is because the complaint is outside the Ombudsman’s jurisdiction and we cannot investigate.

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Investigator's decision on behalf of the Ombudsman