Summary: Mr B complains on behalf of his mother about the actions of the care provider who had been providing services for her. The Ombudsman cannot investigate the complaint because Mr B is taking legal action against the care provider which places the complaint outside our jurisdiction.

The complaint

1. Mr B, who is acting as the representative for his mother, complains about the actions of the care provider who had been providing services for her. He says the care provider gave a very poor service and should refund fees paid to it.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. In considering the complaint I spoke to Mr B and reviewed the information he provided.

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What I found

5. Mr B says his elderly mother received a very poor service from the care provider which until recently had been looking after her.
6. He has now started legal action against the care provider in connection with the care provided. Having taken this action, the complaint falls outside our jurisdiction and we cannot investigate it. We have no discretion here.

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Final decision

7. The Ombudsman cannot investigate this complaint because Mr B is taking legal action against the care provider which places it outside our jurisdiction

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Investigator's decision on behalf of the Ombudsman