Devon County Council (24 013 674)

Category : Adult care services > Assessment and care plan

Decision : Closed after initial enquiries

Decision date : 03 Feb 2025

The Ombudsman's final decision:

Summary: We cannot investigate Ms X’s complaint about her relative’s health needs. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. This complaint is solely about NHS health related matters, so we have no remit to investigate.

The complaint

  1. Ms X complains, on behalf of her relative Ms Y, that a proposed complaint investigation does not cover all the complaint matters she has raised.
  2. Ms X would like to have contact with the complaint investigator.

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The Ombudsman’s role and powers

  1. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
  2. We investigate complaints about councils and certain other bodies. We cannot investigate complaints that are solely about the actions of bodies such as the NHS. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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Final decision

  1. We cannot investigate Ms X’s complaint because it concerns the actions of Devon Partnership Trust. We have no powers to investigate matters that are solely about NHS bodies.

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Investigator's decision on behalf of the Ombudsman

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