Summary: We cannot investigate the complaint about a referral to a health care provider because the Council did not take the action Mr X complains about.

The complaint

1. Mr X complained that the Council wrongly referred him to a health provider. Mr X also complained about the care he received from that provider.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

3. I have considered information from Mr X and the Council. Mr X had the opportunity to comment on my draft decision.

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What I found

4. Mr X contacted the Council in 2019 and in January 2021 to complain about a referral to a health provider.
5. The Council responded and told Mr X it was not responsible for the referral or the service. The Council provided information on how to complain to the NHS.
6. Mr X raised a stage 2 complaint with the Council. It confirmed the complaint was about a service it was not responsible for.

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Final decision

7. We cannot investigate this complaint. This is because the Council is not responsible for the issue being raised or the service providing it.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman