Summary: Ms X complained about restrictions placed on her father in his care home, which include restrictions on contact he has with Ms X. We cannot investigate this complaint. This is because it relates to decisions that have been made by the courts and we have no power to interfere in court decisions.

The complaint

1. Ms X complained about restrictions on her contact with her father, Mr Y, who lives in a care home. She says Mr Y is cannot make telephone calls and she is not allowed to visit him enough. She says all visits are supervised and Mr Y is not allowed to go out. Ms X believes these restrictions are not proportionate.

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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)
3. 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)

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How I considered this complaint

4. I considered the information Ms X provided when she complained, and when she spoke to members of staff at the Ombudsman.
5. I also considered information provided by the Council, which included complaints correspondence.
6. I gave Ms X the opportunity to comment on a draft version of my decision.

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What I found

7. Ms X’s father lives in a care home. He was found to lack mental capacity to make certain decisions, relating to his residence, contact with others and finances. Ms X and the Council disagree about what is in Mr Y’s best interests. Ms X believes he should not be living in the care home, and believes restrictions on his contact with family members is not warranted. The Court of Protection has been involved in decision-making and Mr X has a court-appointed deputy for his finances.
8. We cannot investigate a complaint about the start of court action or what happened in court. Due to the court having made several decisions about Mr Y, we cannot investigate Ms X’s complaint, which includes:
• The content of reports written by the Council for the courts; and
• Decisions about Mr Y’s residence, contact with his family and his finances.
9. We also cannot investigate Ms X’s concern the court’s decisions have been biased, as we cannot investigate court decisions and we have no influence over them. We have no discretion in this case, as the matters Ms X complains about have been before the courts.
10. We have no power to make decisions about what is in a person’s best interests in the way the courts can. The Council told Ms X in its complaint response that she should rase her concerns during court proceedings, and this was the correct advice. Ms X should continue to raise concerns she has about Mr Y’s best interests through the court process.

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Final decision

11. The Ombudsman cannot investigate this complaint. This is because the issues Ms X complains about have been decided by the courts. We have no influence over these matters.

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Investigator's decision on behalf of the Ombudsman