Summary: We will not investigate Miss X’s complaint about her son’s care and support provision. This is because there is no sign of fault in the Council’s decision not to consider her complaint whilst the matter is being considered in ongoing court proceedings.

The complaint

1. The complainant, Miss X, complains her son, Mr X, is not receiving the level of care and support he needs. Miss X says Mr X needs 1:1 support whilst out in the community and 2:1 support whilst on holiday. He also needs psychologist input to help him to accept his autism diagnosis.

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The Ombudsman’s role and powers

2. 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)
3. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Miss X complained to the Council about the level of care and support Mr X receives.
7. The Council told Miss X it would not investigate her complaint now because it was about matters that are currently being considered by the Court of Protection. It advised Miss X to direct her concerns to her legal representative so that they can be raised as part of the proceedings. It told Miss X it could consider any unresolved parts of her complaint once the court proceedings have concluded.
8. We will not investigate Miss X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider her complaint whilst there are ongoing court proceedings. This approach is in order to ensure the court proceedings, which must take precedence, are not prejudiced by any concurrent complaint investigation. It will be open to Miss X to ask the Council to consider her complaint once the court proceedings have concluded.

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Final decision

9. We will not investigate Miss X’s complaint because there is no sign of fault in the Council’s decision not to consider her complaint until the ongoing proceedings in the Court of Protection have concluded.

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Investigator's decision on behalf of the Ombudsman