The Ombudsman's final decision
Summary: We cannot investigate this complaint about the lack of support from Social Care services after the complainant’s relative was discharged from hospital. This is because the complainant’s care was in the context of mental health care which comes under the jurisdiction of the NHS not the Council. We have no powers to investigate complaints solely about NHS matters.
The complaint
Mr Y complains about what happened to his relative (Mr X) after he was discharged from hospital without any community support.
Mr Y says the family have had to step in to provide Mr X with support including finding accommodation.
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 investigate complaints about councils and certain other bodies. We cannot investigate the sole actions of the NHS. (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
I considered information provided by the complainant, the Council, the NHS and the Joint Working Team.
I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate Mr Y’s complaint as all the care complained of is in connection with Mr X’s mental health.
Investigator's decision on behalf of the Ombudsman