Summary: We will not investigate this complaint about adult social care. This is because a court order covers some of the issues, so we have no power to investigate them. There is not enough evidence of fault in the issues we could investigate to justify an investigation.

The complaint

1. Mr B is unhappy with the Council’s actions in the care of his sister, Ms C. Mr B says the Council refuses his requests for emergency respite care saying he must give notice, but in emergencies he cannot give notice. Mr B says he has not been able to have medical treatment he needs because of the Council’s actions. Mr B says the Council will not release funds Ms C needs. Mr B says Ms C’s money has gone missing when she has attended a care placement, and her glasses were broken. Mr B says he has been removed as appointee for Ms C’s benefits.

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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 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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Ombudsman cannot consider Mr B’s complaints about emergency respite placements and Ms C’s money and finances because these are covered by a court order. Mr B can seek advice about taking those matters back to court if he feels the Council is breaching the court order.
8. The Council has investigated Mr B’s concerns about missing money and broken glasses. The care placement advised Ms C’s glasses were broken on arrival, and there are no discrepancies in its records about Ms C’s money during her stay. It is unlikely an Ombudsman investigation could achieve anything further or find evidence of fault.
9. The decision to remove Mr B as appointee was made by the Department for Work and Pensions (DWP). We have no power to investigate decisions by the DWP. I understand Mr B has made a complaint to the DWP. If he is not satisfied with its response, he can raise that complaint with the Parliamentary and Health Service Ombudsman.

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Final decision

10. We will not investigate Mr B’s complaint because we cannot investigate issues that have been heard at court and are subject to a court order. And we are unlikely to find evidence to decide Council fault caused Ms C’s broken glasses and missing money.

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Investigator's decision on behalf of the Ombudsman