Summary: We will not investigate this complaint about poor standards of domiciliary care. There is insufficient evidence of fault in the Council’s actions because it was not responsible for providing or commissioning the care that Mr X received. The care was funded solely by the NHS, and therefore the Parliamentary and Health Service Ombudsman is better placed to consider this complaint.

The complaint

1. Mrs X complains about the standard of care that Mr X received by a domiciliary care provider. She says carers were unprofessional throughout their visit.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, sections 24A(1)(A) and 25(7), as amended).
4. We cannot investigate complaints about the NHS, or organisations providing services on behalf of the NHS. The Parliamentary and Health Service Ombudsman investigates complaints about the NHS. (Health Service Commissioners Act, 1993).

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How I considered this complaint

5. I considered information provided by Mrs Y, the Council and the care provider.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs Y raised concerns to the care provider about the standard of care her husband received. The care was provided at Mr and Mrs X’s home. The care provider upheld most of Mrs X’s complaint and said it would take disciplinary action against the individual carers involved.
8. Mrs Y believed the Council was responsible for arranging the care package delivered by the care provider. I have since confirmed that the care package was fully funded and commissioned by the NHS Hampshire and Isle of Wight Integrated Care Board under Continuing Health Care (CHC).
9. There is insufficient evidence of fault in the Council’s actions. This is because the Council was not responsible for providing or funding the care package.
10. We cannot investigate complaints solely about the NHS because it is out of our jurisdiction to do so. The Parliamentary and Health Service Ombudsman (PHSO) has jurisdiction to investigate complaints about the NHS, including organisations providing a service on behalf of the NHS.
11. PHSO is therefore better placed to consider this complaint, and Mrs Y should raise her complaint directly with it.

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Final decision

12. We will not investigate Mrs Y’s complaint because the Council was not responsible for providing or commissioning the care provided. Therefore, there is insufficient evidence of fault in the Council’s actions. The care was commissioned by the NHS, and therefore the PHSO is better placed to consider this complaint.

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Investigator's decision on behalf of the Ombudsman