Summary: Ms C complains about the Council’s failure to provide suitable services to her son. The matter is waiting for a hearing at the Court of Protection. The Ombudsman cannot investigate complaints where the matters complained of are not separable from court proceedings. As the matters complained about appear to be the same as those waiting the attention of the Court of Protection we will not investigate this complaint.

The complaint

1. The complainant who I refer to as Ms C complains about services provided to her son, who I call Mr C. Ms C complains the Council has failed to provide suitable adult care services to her son including education plans outside of term time. Because of this Mr C has not had suitable support and education during holiday periods when he is not at school and extra stress, time, and effort for Ms C.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B)).

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How I considered this complaint

4. I spoke with Ms C and considered information she provided during the telephone conversation and in her complaint. I considered information from the Council about action it has taken, and the law that governs what the Ombudsman can investigate.
5. Ms C and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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Final decision

6. The Council says it has made an application to the Court of Protection to decide what care and support is in Mr C’s best interests and will include consideration of education plans.
7. The Ombudsman is governed by the Local Government Act 1974. This says that we have discretion about cases we can investigate. If the matters of the complaint are the same, or similar to, the subject of court proceedings then we can exercise discretion not to investigate the complaint. This is because a court decision takes precedence over the Ombudsman and any decision made by the court overrides that of the Ombudsman.
8. I consider Ms C’s complaints are the same or very similar to those the Court of Protection is asked to consider. I therefore have made the decision to exercise the Ombudsman’s discretion not to investigate this complaint and it is now closed.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman