Summary: We cannot investigate this complaint about the outcome of a Care Act assessment and transport arrangements to a day care service. That is because the Council has applied to the Court of Protection about the adult’s care and support needs. Therefore, we have no jurisdiction to investigate.

The complaint

1. Mrs X complained about the content of her son’s, Mr Y’s Adult Social Care assessment. She said the assessment contained inaccurate information; was slanderous and did not reflect Mr Y’s care and support needs. She said the Council was looking to change Mr Y’s support package to a different provider which was not in his best interests; she said it had reduced his assessed package of care.
2. Mrs X also complained about the Council’s decision to stop providing Mr Y transport to his day care service and respite. Mrs X said the Council’s actions meant that Mr Y was missing out on provision he needs. She wants the Council to reinstate the previous package of support and amend its assessment.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
6. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The Council has made an application to the Court of Protection to consider how to best meet Mr Y’s care and support needs. It has also asked the Court to consider Mr Y’s use of his Motability car. We have no jurisdiction to investigate matters that are part of court proceedings. Therefore, we cannot investigate Mrs X’s complaints about the content of the Council’s Care Act assessment or its decision to stop providing Mr Y transport to his day care service.
10. We will also not investigate Mrs X’s complaint the Council’s Care Act assessment contained inaccurate information and was slanderous. The Council has confirmed it is still working with Mrs X to agree the final assessment. There is nothing worthwhile to be achieved in investigating the complaint whilst the Council is still trying to resolve the matter. In addition, it is appropriate for Mrs X to raise any outstanding concerns with that assessment as part of Court of Protection proceedings.

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Final decision

11. We cannot investigate Mrs X’s complaint because the Council has made an application to the Court of Protection to consider the same matters. Therefore, we have no jurisdiction to investigate.

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Investigator's decision on behalf of the Ombudsman