Summary: We will not investigate this complaint, as another body is better placed to do so.

The complaint

1. Ms X complained the Council failed to make safeguarding enquiries when her adult son incurred an injury at his social care provision. Ms X said as a result she and her adult son were caused significant distress and she wants the Council to take action to improve its services.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
4. Ms X and the Council are given an opportunity to comment on a draft decision. All comments are considered before making a final decision.

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What I found

Law and guidance

NHS Continuing Healthcare

5. NHS Continuing Healthcare (NHS CHC) is a package of ongoing care arranged and funded solely by the NHS where the individual has been found to have a ‘primary health need’ as set out in the National Framework for NHS Continuing Healthcare and NHS-Funded Nursing Care. Such care is provided to people aged 18 years or over, to meet needs arising from disability, accident or illness.
6. Complaints about NHS CHC are dealt with by the Parliamentary and Health Service Ombudsman.

What happened

7. Ms X’s adult son, Mr B, has care and support needs. He attended a social care provision located in a different council area to this one.
8. Mr B stopped attending the day centre after he returned home with injuries and Ms X withdrew him from the service.
9. Ms X complained the Council failed to make safeguarding enquiries when this happened. Ms X complained to the Ombudsman.
10. The Council informed the Ombudsman in late July 2025 that Mr B’s social care at the day centre was NHS CHC-funded and the Council had arranged the day centre placement as case managers on behalf of the NHS.
11. It also outlined that in terms of its safeguarding responsibilities, the day centre was not within its local authority area and a different council had taken the actions in relation to safeguarding.

My findings

12. The Council did not commission Mr B’s social care under its adult social care duties. It did so on behalf of the NHS, as it was an NHS CHC funded package.
13. The Parliamentary and Health Service Ombudsman is the appropriate body to consider this complaint. For this reason, I am ending my investigation.

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Decision

14. I have ended my investigation as another body is better placed to consider the complaint.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman