Walsall Metropolitan Borough Council (25 013 274)
Category : Adult care services > Residential care
Decision : Closed after initial enquiries
Decision date : 17 Feb 2026
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about adult social care, because the care package was arranged and funded by the NHS.
The complaint
- Ms C said a care provider gave poor care to her relative, Ms D, at the end of Ms D’s life, which has been devastating for the family. They want improved service for future residents placed there at end of life.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate complaints about actions which are not the administrative function of an organisation. (Local Government Act 1974, section 26(1) as amended).
- We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as Integrated Care Boards. (Local Government Act 1974, sections 25 and 34(1), 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
- The Ombudsman can investigate concerns about adult social care which are arranged by a council or arranged privately. Ms D’s care was arranged by the NHS. Although the Council was involved in Ms D’s care planning, its actions in this case are on behalf of the NHS.
Final decision
- We cannot investigate Ms C’s complaint because we have no powers to investigate care arranged by the NHS.
Investigator's decision on behalf of the Ombudsman