The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Occupational Therapist (OT) assigned to her mother, Ms M. We have already considered these matters and determined they are inseparable from matters considered by the Courts. We will also not investigate Ms X’s complaint the Council refused to change Ms M’s social worker. The Council has already assigned a new social worker to her. Further investigation would achieve nothing more.
The complaint
Ms X complains the Council refuses to appoint a new social worker and OT who are specialists in dealing with people with Ms M’s conditions.
She says because of this refusal Ms M’s and her own health has been impacted.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916) 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)) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation.
(Local Government Act 1974, section 24A(6), 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
We will not investigate Ms X’s complaints about Ms M’s OT. That is because Ms X previously complained to us about this issue, together with the Council’s support for Ms M to return home from a residential placement. We said we could not investigate because the Court of Protection had already considered the substantive matters (Ms M’s placement) and the issues relating to OT could not be separated from them. Ms X could also have raised them with the Court at the time.
Ms X also complains about Ms M’s social worker. The Council says it has now changed the social worker and arranged a hand-over period. Further investigation would achieve nothing more.
Final decision
We will not investigate Ms X’s complaint because they either inseparable from matters considered by the Courts or the Council has already resolved them.
Investigator's decision on behalf of the Ombudsman