Summary: We will not investigate this complaint about the Council’s actions when they were sourcing a care home placement for Mrs X’s mother. This is because the Ombudsman does not have jurisdiction to investigate complaints that relate to actions taken during court proceedings.

The complaint

1. Mrs X complains about the Council’s actions when they were sourcing a care home placement for her mother. She complains:
• There was inaccurate information in an assessment which affected the number of care homes who were willing to assess her mother.
• The Council did not give her enough notice to assess the care homes willing to offer her mother a permanent place.
• The social worker included inaccurate information in a statement to the Court of Protection.
• The social worker provided little notice regarding what care home they considered to be suitable for her mother.

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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. Mrs X was her mother’s, Mrs A, main carer. Mrs X asked the Council to consider Mrs A for permanent residential care as she no longer felt able to care for Mrs A at home.
6. As Mrs A had expressed a wish not to go to a care home, the Council had to apply to the Court of Protection to place Mrs A in a care home.
7. Mrs X complains about the actions of the social worker in relation to the preparation, collation, analysis of evidence for court proceedings. She also complains about the evidence provided by the social worker to court. Therefore, the Ombudsman does not have jurisdiction to consider Mrs X complaint.

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Final decision

8. We will not investigate Mrs X’s complaint because the Ombudsman does not have jurisdiction to investigate complaints that relate to actions taken during court proceedings.

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Investigator's decision on behalf of the Ombudsman