Summary: The Ombudsman cannot investigate this complaint about the way a care home has dealt with the complainant’s concerns, mainly about the suitability of a visitor to her relative. This is because the relative’s care was fully funded by the NHS, at the relevant time, so the complaint lies outside our jurisdiction.

The complaint

1. The complainant, who I shall refer to as Ms Y, complains about the way a care home dealt with her concerns about the care provided to her relative, Mrs X, including raising concerns about the suitability of a visitor.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We investigate complaints about councils and certain other bodies. We cannot investigate complaints that are wholly the responsibility of bodies such as the NHS. (Local Government Act 1974, sections 25 and 34A, as amended)

Back to top

How I considered this complaint

3. I have considered the written information provided by Ms Y. I also checked the funding responsibility with the Council.

Back to top

What I found

4. The Council has confirmed that, until May 2019, Mrs X’s care in the care home was fully funded by the NHS via Continuing Health Care. Ms Y’s concerns relate to the period the NHS was wholly was responsible for the care. So, the Ombudsman cannot investigate.
5. Ms Y has raised other issues about the Council’s actions. These are currently being investigated by the Council and are premature under our procedures.

Back to top

Final decision

6. The Ombudsman cannot investigate as this complaint lies outside our jurisdiction.

Investigator’s final decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman