Summary
Mr B complained a care home allowed his mother’s husband to take her out unsupervised ignoring a best interest decision and putting her at risk. The Council arranged Mrs C’s placement at the care home. We have discontinued our investigation because there are ongoing court proceedings.
The complaint
Mr B complained a care home allowed his mother’s husband, Mr C, to take her out unsupervised ignoring a best interest decision and putting her at risk. The Council arranged Mrs C’s placement at the care home.
The Ombudsman’s role and powers
We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) 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: Mr B’s complaint and the information he provided; documents supplied by the Council; and relevant legislation and guidelines.
Mr B and the Council commented on a draft decision. I considered their comments before making my final decision.
What I found
Mr B’s mother is Mrs C. Mrs C is married to Mr C. Mr C is not Mr B’s father.
In May 2021, Mr B raised concerns about Mr C neglecting and abusing Mrs C. The Council arranged for Mrs C to stay at a care home four weeks for respite.
Mrs C went to stay at the care home for another period of respite in March 2022. The Council arranged this.
Mr B told the care home Mr C could not take Mrs C off site because of safeguarding concerns. Mr C took Mrs C out unsupervised at least three times between March and April 2022. Mr B complained to the Council and said he wanted Mrs C to move to a different care home.
The Council has taken the matter of Mrs C’s care to the Court of Protection. These proceedings are ongoing. I cannot investigate a complaint about the start of court action or what happened in court. The Court of Protection may consider the matters Mr B raised in his complaint. Therefore, I propose to discontinue my investigation. Mr B can return to the Ombudsman once court proceedings have finished if the substance of his complaint is not considered by, or inextricably linked to the outcome of, the Court of Protection.
Final decision
I have discontinued my investigation because there are ongoing Court proceedings.
Investigator's decision on behalf of the Ombudsman