Cheshire West & Chester Council (22 016 716)
Category : Adult care services > Assessment and care plan
Decision : Closed after initial enquiries
Decision date : 03 Apr 2023
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about where Mrs B should live. This is because we cannot consider matters subject to court proceedings.
The complaint
- Ms C complained about the Council’s intervention and lack of contact with her about her grandmother, Mrs B. Ms C says Mrs B’s son mentally abused her and took her bank card. Ms C says Mrs B does not want to live in a care home.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Allegations of theft and abuse are criminal matters and are for the police to consider not the Ombudsman.
- The Council says because no one has Power of Attorney for Mrs B and her family cannot agree, it has applied to the Court of Protection to decide where she should live. Ms C can tell the court why Mrs B should remain in her own home and explain why it would be in her best interests to do so.
Final decision
- We will not investigate Ms C’s complaint because we cannot consider matters which are before a court.
Investigator's decision on behalf of the Ombudsman