Summary: We will not investigate this complaint about the support provided by Rings Homecare Service. That is because Mr X made a claim to the County Court about this matter. Therefore, his complaint is outside of our jurisdiction.

The complaint

1. Mr X complained that Rings Homecare Service (the Care Provider) had failed to support him properly since June 2021. He said it then stopped his support package. He said the loss of support had affected his physical and mental health. He wanted the Care Provider to reinstate its services.

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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. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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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 Ombudsman has no jurisdiction to investigate where a person has started court action about the matter even if the action is later withdrawn. Mr X filed a claim against the Care Provider at the County Court at the start of December 2021. That claim is for the same matters he complained to the Ombudsman about. Therefore, we cannot investigate Mr X’s complaint against the Care Provider as it is outside of our jurisdiction.

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Final decision

7. We cannot investigate Mr X’s complaint because he started court action against the Care Provider therefore we have no jurisdiction to investigate.

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Investigator's decision on behalf of the Ombudsman