Summary: We cannot investigate Ms B’s complaint about the actions of the care provider. This is because we do not have jurisdiction to consider her complaint.

The complaint

1. Ms B says she has not been paid for the business she sold to the care provider.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. (Local Government Act 1974, sections 34B and 34C)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered the information Ms B provided. I sent Ms B a copy of my draft decision for comment.

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What I found

5. Part 3a of the Local Government Act 1974 explains our powers to investigate. 34B of the act says:

(1) Under this Part, a Local Commissioner may investigate a matter—

(a)  which relates to action taken by an adult social care provider in connection with the provision of adult social care, and

(b)  in relation to which Condition 1 or 2 is met.

(2)  But a Local Commissioner may not conduct an investigation under this Part in respect of any action or matter described in Schedule 5A.

6. We cannot investigate this complaint. The law says we can only investigate care providers in connection with the provision of adult social care. Ms B complains about a business she sold and has not been paid for. These are contractual matters and are for the courts to determine. It would be reasonable for Ms B to ask the court to consider whether the care provider should pay her monies she says are owed.

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Final decision

7. We cannot investigate this complaint. This is because we do have jurisdiction to consider Ms B’s complaint.

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Investigator's decision on behalf of the Ombudsman