The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s actions in relation to a Deprivation of Liberty Safeguards (DoLS) authorisation concerning his brother, Mr Y and his placement at a care home. This is because it would be reasonable for Mr X to raise his concerns with the Court of Protection.
The complaint
Mr X complained about the Council’s actions in relation to a Deprivation of Liberty Safeguards (DoLS) authorisation concerning his brother, Mr Y and his placement at a care home. He said: the Council did not properly complete an application for a renewal of an existing DoLS authorisation in place; and Mr Y’s social worker is not an appropriate person to support him in relation to the matter.
Mr X said it has caused him and the family distress. His brother is also isolated as he has not been able to visit the family. He wants the Council to complete a reassessment of the DoLS. Mr X also wants his brother to be able to leave the Care Home as he wishes to visit the family regularly.
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 law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mr X’s complaint. Mr X wants to challenge the DoLS authorisation which is in place so his brother can leave the Care Home as he wishes to visit the family. It would be reasonable for Mr X to make an application to the Court of Protection, if he has the authority to do so, to review the current DoLS in place.
Final decision
We will not investigate Mr X’s complaint as it would be reasonable for him to raise his concerns with the Court of Protection.
Investigator's decision on behalf of the Ombudsman