Summary: We cannot investigate Mr X’s complaint about the opinion of an NHS doctor. The actions of the NHS are not an administrative function of the Council.

The complaint

1. Mr X said a hospital consultant gave an opinion on the cause of an injury to a child that he was not qualified to give.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the NHS unless the complaint also involves a body in our jurisdiction. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

3. I spoke to Mr X on the telephone.

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What I found

4. Mr X told me he had been referred to us by the PHSO and would not otherwise have contacted us.
5. Mr X confirmed that his complaint is about the opinion of a hospital consultant about the cause of an injury to a child. Although he had previously complained to the Council about its separate actions, he is satisfied with the Council’s actions in accepting fault and providing remedy, and he does not wish to complain further about the Council, only the hospital consultant.

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Final decision

6. We cannot investigate Mr X’s complaint about the hospital consultant. The action of the NHS in deciding the cause of an injury is not an administrative function of the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman