Summary: We cannot investigate this complaint about the cancellation of care shifts by the NHS. This is because the matter complained of is not an administrative function of the Council.

The complaint

1. Mrs X said the provision in Section G of her child’s Education Health and Care (EHC) Plan was not being met due to cancellations of care shifts by Continuing Health Care.

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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. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).

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How I considered this complaint

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

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Final decision

6. We cannot investigate Mrs X’s complaint because the provision of services by the NHS under Section G of an EHC Plan is not an administrative function of the Council.

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Investigator's decision on behalf of the Ombudsman