Summary: We will not investigate Ms X’s complaint. This is because the Parliamentary and Health Service Ombudsman is better placed to consider her complaint.

The complaint

1. Ms X complains about the support she received from her mental health team at Essex Partnership University NHS Foundation Trust (the Trust).
2. Ms X says her mental health team:
1. Lacked compassion and empathy
2. Unfairly labelled her in its reports
3. Used discriminatory, judgmental, and hurtful language to her. That included: “your suicide attempts are a cry for help”, [about her mental health] “Just don’t dwell on it” and “there is nothing wrong with you, you’re just badly behaved”.
4. Has not provided appropriate support because of her diagnosis of borderline personality disorder.
5. Aggressively removed her from other patients when she was detained in January 2019.
6. Referred her to the Southend High Intensity Focus Team without her consent.
7. Unfairly reduced her support to four hours a week.
3. Ms X says her previous care coordinator:
1. Was abusive during telephone conversations and in meetings. She told Ms X: “When you call no one wants to help you”.
2. Ignored her phone calls.
3. Failed to support her with access to her daughter and ignored emails from her daughter’s social worker.
4. Had a conflict of interest. They went to school together where Ms X suffered bullying and racism.
4. Ms X says her current care coordinator:
1. Used discriminatory language to her. This included “what race are you?”, “Where are your parents from?” and asked if she was “a full Indian?”
2. Refused to refer her to a psychiatrist, which has meant she has not received medication for her mental health.
5. Ms X says the Contact Centre Team:
1. Did not pass on requests for a call back from her care coordinators after she provided her name.
2. A certain member of staff put the phone down on her.
6. Ms X says the issues above have caused her depression, anxiety, she suffers flashbacks and feels vulnerable and unsafe. She also feels let down by staff who bullied her.
7. Ms X would like an apology and reassurance the Trust would not assign care coordinators who have conflicts of interests with patients. Also, she would like the Trust to provide training to staff so similar issues do not happen to others.

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The Ombudsman’s role and powers

8. The Ombudsman provide a free service but must use public money carefully. They may decide not to start or continue with an investigation if they believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

9. I have considered information Ms X has provided in writing. Ms X had an opportunity to comment on my draft decision.

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What I found

10. Ms X suffers with mental health issues.
11. The Trust assessed Ms X’s mental health and social care needs in 2019. It agreed how it would support Ms X’s mental health needs. It noted Ms X did not have any eligible social care needs.
12. We will not investigate this complaint.
13. Section 75 of the NHS Act 2006 allows NHS organisations and councils to arrange to delegate their functions to one another. These arrangements are known as section 75 agreements. Under them, NHS organisations can take on the provision of social work services which are normally the responsibility of councils. Subsection 5 of section 75 says the NHS and councils remain liable for the exercise of their own functions.  
14. Ms X’s complaint is about her mental health care team. The Council and the Trust told me that team contains staff from both organisations. There was a section 75 agreement between the two organisations to form that integrated team.
15. Ms X was not eligible for any support from the Council because she did not have any eligible social care needs. She only received support for her mental health needs. The NHS was solely responsible for supporting Ms X’s mental health despite the section 75 agreement that was in place. Therefore, I consider PHSO is better placed to consider Ms X’s complaint.
16. Ms X specifically complained that her previous care coordinator did not support her to contact her daughter (who was subject to a guardianship order). Also, she said her care coordinator ignored emails from her daughter’s social worker.
17. In response, the Trust said: “"There are references throughout your clinical record related to liaising with your daughter's Social Worker and the Adoption Team. It is also noted that [the care coordinator] supported you to draft an initial contact to your daughter by letter, which was understandably very difficult for you. It is also relevant to highlight that progressing steps associated with access to children who have been fostered or adopted is typically lengthy, involving a number of different agencies. In your case there has also been the recognised need to balance progressing access to your daughter alongside investing in your own wellbeing".
18. The Trust’s response above showed that loss of contact with Ms X’s daughter worsened her mental health issues. Therefore, I consider that support was most likely for her mental health, rather than social care support.
19. If Ms X wishes to complain about the lack of contact with her daughter, she should complain to the Council’s Childrens Services. They would be responsible for managing contact with her daughter.
20. Finally, I have not seen any evidence Ms X has complained about the issues is Paragraphs 2 d) to g) and 4 b). However, it would be for PHSO to decide if those complaints should be addressed by the Trust first.

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Final decision

21. We should not investigate this complaint. This is because PHSO is better placed to consider Ms X’s complaint.

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Investigator's decision on behalf of the Ombudsman