Summary: Ms X complained about issues related to her daughter’s supported living placement. We cannot investigate the complaint. This is because the issues Ms X complained about have either been considered by the Court of Protection or are inextricably linked to the Court’s ongoing proceedings.

The complaint

1. Ms X complained about issues related to her adult daughter’s (Ms Y’s) placement in a supported living flat. She said:
• the Council investigated her complaint about poor care and support for Ms Y but its investigation report was inaccurate and the Council failed to comply with the recommendations in the report; and
• the Council presented its inaccurate investigation report, and further inaccurate information, to the Court of Protection.

Ms X said the Court of Protection then restricted her contact with Ms Y and Ms Y continued to receive poor care and support at her flat.

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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 read Ms X’s complaint and the Council confirmed the Court of Protection is still making decisions for Ms Y.
4. Ms X had an opportunity to comment on a draft of this decision. I considered her comments before making the final decision.

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What I found

5. In late 2018 the Council completed its investigation into Ms X’s complaints about poor care and support Ms Y received at her supported living flat.
6. Ms X was not satisfied with the outcome of the Council’s investigation and complained to us. We discontinued investigation of her complaint in early 2019 because the Council included its investigation report in documents presented to the Court of Protection. The Court decides on financial and welfare matters for people who cannot make decisions at the time they need to be made. In 2019 the Court of Protection was considering Ms Y’s residence, care needs and her contact with Ms X.
7. Ms Y is currently in hospital under Section 3 of the Mental Health Act. Once discharged, the Court of Protection will again be involved to decide on her residence, care needs and contact with Ms X.

Analysis

8. The Council provided its investigation report into Ms X’s complaints to the Court of Protection as part of the Court proceedings to decide about Ms Y’s residence, care needs and contact with Ms X. It is outside our jurisdiction to investigate information the Council provided to the Court. We cannot investigate the Court’s decisions.
9. Until Ms Y’s current hospital placement, the Court of Protection continued to decide on her residence, care needs and contact with Ms X. So any continuing concerns Ms X had about Ms Y’s care and support were inextricably linked to the Court’s proceedings.

Final decision

10. We cannot investigate this complaint. This is because the issues Ms X complained about have already been considered by the Court of Protection or were inextricably linked to the Court’s proceedings.

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Investigator's decision on behalf of the Ombudsman