Summary: We will not investigate this complaint about the Council’s handling of Mr X’s son’s care and support, and of the Council making safeguarding enquiries for his son. This is because it is out of jurisdiction as the Council is not responsible for the matters complained about.

The complaint

1. Mr X complains about the Council’s handling of his son’s care and support, and of the Council opening safeguarding enquiries due to concerns about the consistency of his son’s care and support.

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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.

We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has confirmed Mr X’s son is eligible for continuing healthcare (CHC) funding and so the Council was acting on behalf of the integrated Care Board (ICB). The Council said this was the body responsible for ensuring Mr X’s son’s assessed needs were met.
6. As Mr X’s son is eligible for CHC funding, this means his care and support is funded by the relevant ICB. The National Framework for NHS CHC notes that once an individual has been found eligible for NHS CHC, the ICB is responsible for their case management, including monitoring the care they receive and arranging regular reviews.
7. I note Mr X has complained about the Council raising a safeguarding concern which relates to the care and support being provided by Mr X to his son. However, the reasons for the safeguarding concerns being raised link back to the substantive issues being complained about, which is the care and support arrangements.
8. Therefore, we have no jurisdiction to consider this complaint as the Council is not responsible for the matters complained about. The Council has responded to Mr X’s complaint on behalf of the ICB. It is not clear whether this was the final response. However, once Mr X has exhausted the complaints process, he can bring his complaint to the Parliamentary and Health Service Ombudsman.

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Final decision

9. We will not investigate Mr X’s complaint because it is out of jurisdiction as the Council is not responsible for the matters complained about.

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Investigator's decision on behalf of the Ombudsman