The Ombudsman's final decision
Summary: We will not investigate this complaint about Miss Y’s residential care and the arrangements for her contact with her sister, Miss X. All the issues raised have been, or should be, raised as part of ongoing proceedings in the Court of Protection.
The complaint
Miss X complained about her sister’s care in a care home and the arrangements for their contact. Her concerns included delays providing Miss Y a television in her accommodation, inaccurate recording, failure to recognise Miss Y’s cultural needs, and use of a restrictive bodysuit on Miss Y. Miss X says the Council has been defensive of the care provider and failed to respond to her concerns. The issues have caused Miss X distress. She wants the social worker to be removed from her sister’s case and an independent social worker to be assigned.
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) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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 has raised several concerns about her sister’s (Miss Y’s) residential care and the arrangements for their contact with each other. The Court of Protection has been involved at various stages between 2021 and 2022. Many of the concerns she raised with us have been considered in court, and so we cannot investigate those matters.
It is reasonable for Miss X to continue raising issues as part of the court process which is ongoing. There is not a reason it would be more appropriate for us to consider her concerns at this time, given that the court proceedings have not finished. However, it is open to Miss X to make a new complaint to us in future if necessary. We may be able to investigate some issues, for example if court orders are not adhered to after the court involvement ceases.
Final decision
We will not investigate Miss X’s complaint because the issues she raises have been, or should be, raised as part of proceedings in the Court of Protection.
Investigator's decision on behalf of the Ombudsman