The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to apply to court for deputyship for Mr Z. We cannot investigate a complaint about the start of court action and it is open to the family to contest the application via the courts.
The complaint
Miss X complains on behalf of her partner, Mr X, that the Council has not been fair to Mr X and has not supported the family dynamics. It has wrongly intervened by applying to the Court of Protection for deputyship for Mr X’s father, Mr Z. The Council refused to consider Miss X’s complaint on Mr X’s behalf. Miss X says she has experienced significant distress. She wants a new social worker to be allocated and for the Council to stop intervening.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained to the Council because it had applied to the Court of Protection to become deputy for Mr Z’s finances, despite Miss X’s partner, Mr X, having applied for Power of Attorney.
It is open to the family to object to the Council’s application by telling the court they want to contest it. We cannot investigate a complaint about the Council’s decision to begin court action.
Final decision
We will not investigate Miss X’s complaint because it is about the start of court action.
Investigator's decision on behalf of the Ombudsman