The Ombudsman's final decision
Summary: We will not investigate the complaints about the Council’s care planning and associated matters as the complainant has started court proceedings about the complaints.
The complaint
Mr C complains on behalf of Mr D. Mr C complains about the Council’s care plan for Mr D, its carer’s assessment, its decision to start a safeguarding enquiry into Mr C’s actions and its attempts to obtain medical information about Mr D.
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 cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I have spoken to Mr C. I have considered the information he and the Council have sent, the relevant law, policies and guidance and both sides’ comments on the draft decision.
What I found
Mr C has started court action about the complaints that he has made.
Mr C has withdrawn one of the court applications he has issued relating to the complaints. I have explained to Mr C that, once court action has started, the Ombudsman cannot investigate the matter, even if the court has not decided the matter.
Decision We will not investigate Mr C’s complaints as Mr C has started court proceedings relating to the complaints.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman