Summary: The Ombudsman cannot investigate this complaint alleging fault in the actions of Turning Point. There is no evidence to show the complaint concerns adult social care matters therefore it is outside of our jurisdiction.

The complaint

1. The complainant, who I shall refer to as Mr Y, complains about the service provided to his late brother, Mr X. Mr Y says Turning Point failed to carry out appropriate welfare checks while commissioned to provide support to Mr X with his substance misuse issues.

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The Ombudsman’s role and powers

2. We have powers to investigate adult social care complaints in both Part 3 and Part 3A of the Local Government Act 1974. Part 3 covers complaints where local councils provide services themselves or arrange or commission care services from social care providers, even if the council charges the person receiving care for the services. We can by law treat the actions of the care provider as if they were the actions of the council in those cases. Part 3A covers complaints about care bought directly from a care provider by the person who needs it or by a representative, and includes care funded privately or with direct payments under a personal budget. (Part 3 and Part 3A Local Government Act 1974; section 25(6) & (7) of the Act)

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How I considered this complaint

3. I have considered the information provided by Mr Y. I also made a query to the local Council.

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What I found

4. Turning Point were involved with Mr X as a part of joint initiative (the PAVE Team) between the Police and the local NHS Trust. It had been introduced to work with individuals who have complex needs and present to services regularly.
5. Turning Point have said its role in the project was to aid an individual to seek treatment for substance misuse while supporting more practical tasks such as seeking furniture and help attend medical appointments.
6. The local Council has confirmed it did not commission Turning Point to work with Mr X.
7. Taking all of the above in to account the Ombudsman cannot investigate as Turning Point’s actions here lie outside of our jurisdiction.

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Final decision

8. The Ombudsman cannot investigate as the complaint lies outside our jurisdiction.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman