Source · LGO (Local Government & Social Care Ombudsman)

Medway Council

LGO (Local Government & Social Care Ombudsman) Other Reference 23-019-463 Sector Education Category Other Decided 15 April 2024

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Full decision

The Ombudsman's final decision

Summary: We cannot not investigate this complaint about a delay in health appointments being arranged. That is because the Council is not responsible for the appointments.

The complaint

Mrs X complained her child, Y, who was referred to both Speech and Language Therapy (SaLT) and Occupational Therapy (OT) in Spring 2023, has not been offered appointments with either of those services.

She said Y’s development was suffering because of the delay in these therapies starting.

Mrs X would like the referrals to be expedited.

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

How I considered this complaint

I considered information provided by the complainant.

I considered the Ombudsman’s Assessment Code.

My assessment

Mrs X complained to the Council about delays in arranging OT and SaLT provision for her child. In its complaint response, the Council confirmed Y was not known to the Council. It suggested Mrs X contact Y’s doctor to check the progress of the referrals.

The Council is not responsible for the matters Mrs X complains about, therefore we cannot investigate her complaint.

The responsibility for arranging the SaLT and OT appointments lies within the NHS. If Mrs X wants the appointments to be arranged sooner, she should make that request via her GP.

Final decision

We cannot investigate Mrs X’s complaint because it is about services that are outside of the scope of the Council’s administrative functions.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

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