Durham County Council (19 009 907)
Category : Adult care services > Domiciliary care
Decision : Closed after initial enquiries
Decision date : 05 Nov 2019
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate this complaint about the actions of carers. This is because the care was funded wholly by the NHS which places the complaint outside of our jurisdiction.
The complaint
- The complainant, who I shall refer to as Ms X, complains about action of carers in the last few hours of her relative’s life. She says the carers dropped her relative on to the floor.
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 complaints that are wholly funded by the NHS. (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
- I have considered the complaint information and also spoken to Ms X.
What I found
- As this care was funded exclusively by the NHS we cannot investigate. The Health Service Ombudsman investigates complaints about NHS funded matters.
Final decision
- We cannot investigate as this complaint lies outside our jurisdiction.
Investigator’s final decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman