Summary: We will not investigate Mr X’s complaint about his wife’s care provider refusing to answer his messages and emails, and about the care provider changing his wife’s care team and call times. This is because his complaint can be considered by the Parliamentary and Health Service Ombudsman.

The complaint

1. Mr X complains his wife’s care provider refused to answer his messages and emails. He also complains about the care provider changing his wife’s care team and call times.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. Schedule 5A prohibits us from investigating a complaint under part IIIA if the complaint could be the subject of an investigation by the Health Service Commissioner under the Health Service Commissioners Act 1993.

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How I considered this complaint

4. I considered information provided by the complainant and the Care Provider.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The care provider confirmed Mr X’s wife’s care package was commissioned by the NHS.
7. As the Parliamentary and Health Service Ombudsman (PHSO) can consider this complaint, we cannot investigate.

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Final decision

8. We cannot investigate Mr X’s complaint because his complaint can be considered by the PHSO.

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Investigator's decision on behalf of the Ombudsman