The Ombudsman's final decision
Summary: We cannot investigate Mr and Mrs D’s complaint about the care and support provided to their son, Mr C by the Council, or their concerns that the Council has not taken account of their views. This is because the case is currently with the Court of Protection to decide where it would be in Mr C’s best interests to live.
The complaint
Mr and Mrs D complained about the care and support offered to their son Mr C. Mr and Mrs D say the Council has not considered their views regarding Best Interest Assessments or taken into consideration Occupational Therapist (OT) assessments about the suitability of the placements offered to him.
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
The Council has confirmed Mr C does not have capacity to make decisions for himself and is case is subject to Court Order proceedings. Mr and Mrs D can ask the court to consider their views before deciding where Mr C should live. We cannot consider matters which are before a court.
Final decision
We cannot investigate Mr and Mrs D’s complaint because the case is subject to court proceedings.
Investigator's decision on behalf of the Ombudsman