Somerset Council (23 011 568)
Category : Adult care services > Residential care
Decision : Closed after initial enquiries
Decision date : 07 Dec 2023
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the actions of the care home where her mother was a resident in late June 2023. This is because at the time of the events complained about the NHS was responsible for Mrs Y’s placement and so there is no sign of fault by the Council.
The complaint
- The complainant, whom I shall call Miss X, complains about the actions of the care home where her mother was a resident. The events complained about happened in late June 2023 when Mrs Y’s placement was fully NHS funded.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complains about the actions of the care home where her late mother Mrs Y was a resident, in late June 2023.
- In response to our initial enquiries the Council explained it funded Mrs Y’s placement for approximately one month from early May to early June 2023. However, from early June onwards, Mrs Y’s placement became fully funded by the NHS via Continuing Health Care funding. As such the NHS, rather than the Council, was responsible for the placement at the time of the events complained about.
- This is not a complaint we will investigate. This is because there is no sign of fault by the Council as it was not the body responsible for Mrs Y’s placement in late June. If Miss X wishes to pursue a complaint about these events then it should be made to the NHS as it was funding Mrs Y’s placement at the time. We cannot consider a complaint about the NHS as it is not a body in our jurisdiction.
Final decision
- We will not investigate Miss X’s complaint because there is no sign of fault by the Council. The NHS was responsible for Mrs Y’s placement at the time and so any complaint about the care provider’s actions then should be directed to the NHS.
Investigator's decision on behalf of the Ombudsman