Summary: We will not investigate this complaint about visiting in a care home because we have no powers to investigate care arranged by the NHS.

The complaint

1. Ms B says the care Provider is not allowing her to visit her friend, X, which causes her emotional suffering.

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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.
3. Part 3 and Part 3A of the Local Government Act 1974 give us our powers to investigate adult social care complaints. Part 3 is for complaints where local councils provide services themselves. It also applies where a council arranges or commissions care services from a provider, even if the council charges the person receiving the care. In these cases, we treat the provider’s actions as if they were council actions. Part 3A is for complaints about care bought directly from a care provider by the person who needs it or their representative, and includes care funded privately or with direct payments using a personal budget. (Part 3 and Part 3A Local Government Act 1974; section 25(6) & (7) of the Act)

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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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My assessment

6. The Care Provider told us X’s care package is arranged and funded by the NHS. As X’s care package was not arranged privately or by a council, we have no powers to investigate Ms B’s concerns about the visiting arrangements.

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Final decision

7. We will not investigate Ms B’s complaint because we have no powers to consider this matter.

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Investigator's decision on behalf of the Ombudsman