Summary: We cannot investigate this complaint about Mr C’s direct payment account. This is because the court has decided the matters and we cannot consider any matters which have been before a court.

The complaint

1. Ms D complained a previous Ombudsman investigation should have completed a forensic audit of her son’s Mr C’s, direct payment account. Ms D says if we had completed a full audit she would not have had the anxiety and stress of having to go through the ordeal of court which identified she did not owe the Council anything.

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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.

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My assessment

5. Ms D wants the Ombudsman to fully investigate her complaint again having had an outcome from the court determining she does not owe the Council any monies in relation to Mr C’s direct payment account. We cannot consider any matters which have been before a court, and we have already considered Ms D’s complaint about Mr C’s direct payment account and cannot investigate the same matters again.

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Final decision

6. We will not investigate Ms D’s complaint because the court has decided the outcome and we cannot consider any matters considered by a court.

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Investigator's decision on behalf of the Ombudsman