Summary: We will not investigate this complaint about the Council not providing Mx A with social care support and the Council’s refusal to consider their complaint.

The complaint

1. Mx A complains the Council has not provided them with social care support. They complain the Council has refused to consider their complaint.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mx A complains the Council has not provided them with social care support.
6. The Council declined to consider Mx A’s complaint through its complaints process. The Council explained Mx A’s complaint is about a recent care and treatment review. It says the NHS was the organisation responsible for completing this review and has provided Mx A X with information about who to complain to.
7. The Council is entitled to decide not to consider Mx A’s complaint as it is not a complaint about a service it has provided. It is open to Mx A to bring the complaint to the relevant NHS trust.

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Final decision

8. We will not investigate Mx A’s complaint because there is insufficient evidence of fault with the Council’s decision not to consider their complaint.

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Investigator's decision on behalf of the Ombudsman