The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s decision regarding her mother’s residence and care. This is because this could be or has been raised in legal proceedings.
The complaint
Mrs X complains the Council refused to move her mother to a care home near her, despite previously agreeing to it. She also complains about its handling of the matter.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
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 Court of Protection (CoP) decides where a person will live, if they lack capacity to decide themselves.
The CoP is considering where Mrs X’s mother should live. Mrs X’s concerns could reasonably be, or have been mentioned in those proceedings.
It would not be good use of public resources to investigate the Council’s complaint handling in isolation when I will not investigate the substantive matter.
Final decision
We will not investigate Mrs X’s complaint because this could be or has been raised in legal proceedings.
Investigator's decision on behalf of the Ombudsman