Summary: We will not investigate this complaint about the actions of a carer towards a patient’s partner. This is because we have no power to investigate complaints about actions in relation to care commissioned and funded by the National Health Service.

The complaint

1. Mr B complains a care worker made an unfounded disclosure about his behaviour towards his partner, and interfered with contact between his partner and other family members. He says the police arrested him and deprived him of seeing his partner for four days.

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The Ombudsman’s role and powers

2. We may investigate complaints about adult social care bought directly from a care provider by the person who needs it or their representative, whether funded privately or with direct payments using a personal budget. (Part 3A Local Government Act 1974)
3. We cannot investigate matters the Health Service Commissioner (Parliamentary and Health Service Ombudsman - PHSO) could investigate, including care arranged and funded by the National Health Service (NHS) from a private provider. (Local Government Act 1974, Part 3A, section 34B(2) and Schedule 5A, paragraph 2)

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How I considered this complaint

4. I considered information provided by the complainant and the Care Provider.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate this complaint because it arises from the provision of care commissioned by the NHS which the PHSO could investigate.

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Investigator's decision on behalf of the Ombudsman