Summary: We cannot investigate this complaint about the Council’s assessment of Ms B. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We cannot consider a complaint when the Council has taken court action.

The complaint

1. Mrs D says the Council’s Mental Capacity Act Assessment of her daughter Ms B is incorrect. Mrs D says Ms B does not want to live in a home when she is only 50 years old and people in home are violent towards her. Mrs D says Ms B does not want to live in independent accommodation and wants to live with her parents in her family home as she always has.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Assessment

5. The Council has made an application to the Court of Protection so Mrs D can explain to the court the reasons why Ms B should be allowed to go home. We cannot say where Ms B should live.

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Final decision

6. We cannot investigate Mrs D’s complaint because we cannot investigate complaints which are before a court.

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Investigator's decision on behalf of the Ombudsman