Summary: Mr X complains that inadequate care at a care home led to his mother developing an infection and gangrene. The Ombudsman has discontinued this complaint because it is outside our jurisdiction.

The complaint

1. The complainant, who I refer to here as Mr X, complains on behalf of his mother, Mrs L. Mr X complains that Mrs L’s leg deteriorated leading to the development of a serious infection and gangrene in May 2018. Mr X says this was avoidable and happened because of inadequate care at the care home.
2. Mr X says that as a result of this, Mrs L cannot walk or stand unaided and needs constant nursing care which she has to pay for. Mr X says Mrs L will never be able to return home.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)

Back to top

What I found

5. Mr X complains about the care Mrs L received while she was in a care home. Mrs L gave her consent for Mr X to complain to the Ombudsman on her behalf.
6. During the course of my investigation it became clear that Mrs L’s place at the care home was not funded by the Council. It was funded by the Clinical Commissioning Group (CCG).
7. The Ombudsman cannot investigate complaints about care home placements that are funded by a CCG because it is outside our jurisdiction. This complaint has been referred to the Parliamentary and Health Services Ombudsman (PHSO) who will investigate this complaint.
8. For this reason, I have discontinued this complaint.

Back to top

Final decision

9. I have stopped investigating this complaint. No further action is needed as the issue is not one the Ombudsman can deal with.

Back to top

Investigator's decision on behalf of the Ombudsman