London Borough of Islington (20 002 235)
Category : Adult care services > Direct payments
Decision : Closed after initial enquiries
Decision date : 17 Jun 2021
The Ombudsman's final decision:
Summary: We cannot investigate Ms B’s complaint about the stopping of her direct payments. This is because the NHS issued the payments, and we cannot investigate the NHS.
The complaint
- Ms B complained the Council should not have stopped paying her direct payments.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered the information and documentation Ms B and the Council provided. I sent Ms B a copy of my draft decision for comment.
What I found
- Ms B complained the Council stopped her direct payments. The Council has confirmed it did not issue the direct payments and has referred Ms B to the NHS Foundation Trust, the service who funded the payments.
- We cannot investigate the NHS. Ms B should complain to the NHS Foundation Trust as advised and if she remains unhappy she can complain to the Parliamentary and Health Service Ombudsman (PHSO) who can consider complaints about the NHS. Information about PHSO can be found on the website below:
https://www.ombudsman.org.uk/making-complaint
Final decision
- We cannot investigate this complaint. This is because we cannot investigate complaints about the NHS.
Investigator's decision on behalf of the Ombudsman