The Ombudsman's final decision
Summary: We cannot investigate Ms X’s complaint about matters relating to her partner, Mr X's, care in hospital and his discharge to a nursing home under the discharge to assess procedures. This is because they are not Council services. We cannot investigate Ms X’s complaints about Mr X’s placement at a nursing home. This is because it was funded by the NHS and not the Council.
The complaint
Mrs Z complains on behalf of a relative, Ms X, about: the care Ms X’s partner, Mr X, received when he was admitted to hospital in 2021 and his discharge from hospital to a nursing home; and the medical care Mr X received at the nursing home and the limited visiting that was allowed at the hospital and nursing home.
Mrs Z says Ms X was unable to see Mr X from his hospital admission until just before his death. Mrs Z says this has caused Ms X severe distress.
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) We cannot investigate the actions of bodies such as the National Health Service (NHS). (Local Government Act 1974, section 25, as amended)
How I considered this complaint
I considered information provided by the complainant and the PHSO.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Ms X’s complaints about Mr X’s stay in hospital or his discharge. These are NHS and not Council services. I understand the Parliamentary and Health Services Ombudsman (PHSO) has already investigated these matters.
Mr X was discharged into a nursing home under the discharge to assess rules brought in because of COVID-19. The placement was, therefore, funded by the NHS.
We have no power to investigate NHS funded care. The Parliamentary and Health Services Ombudsman (PHSO) may be able to do so.
Final decision
We cannot investigate Ms X’s complaint because it is not about Council actions or matters for which the Council is responsible.
Investigator's decision on behalf of the Ombudsman