The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about the Council taking her money and wrongly accusing her friend of abusing her. This is because the complaint is closely related to her concerns which are being addressed by the Court of Protection. It is not in our jurisdiction to investigate relative matters which are subject to legal proceedings.
The complaint
Miss X complained the Council took money from her and it wrongly accused her friend of abusing her. She said it caused her distress and negatively affected her health. She wants the Council to accept it acted with fault.
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 about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended) 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 Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has told us Miss X’s complaint relates to matters which are being considered by the Court of Protection. We cannot investigate Miss X’s complaint because it is not in our jurisdiction, as outlined in paragraphs three and four of this decision statement.
Final decision
We cannot investigate Miss X’s complaint because it is not in our jurisdiction to do so.
Investigator's decision on behalf of the Ombudsman