Summary: We cannot investigate Mr X’s complaint about the Council’s decisions or its assessments about Mrs Y’s care and support needs. This is because the matter is being considered by the Court of Protection and the law will not allow us to consider a complaint where court action has already started.

The complaint

1. Mr X complained on behalf of his mother (Mrs Y), and said the Council failed to properly assess his mother’s care and support needs, and therefore it inappropriately placed her in a residential care home. Mr X said if the Council had acted properly, then it is likely this would have prevented the Council having to apply to the Court of Protection about Mrs Y’s care and support needs.

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

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My assessment

6. Mr X was unhappy with the Council’s actions about several aspects of Mrs Y’s care and support needs. Mr X said the Council, should have acted sooner than it eventually did, and this would have prevented Mrs Y being admitted to hospital because of illness. Mr X also said the Council did not properly assess Mrs Y’s care and support needs and the residential care home the Council arranged was unsuitable.
7. The Council has made an application to the court of protection for it to decide how Mrs Y’s care and support needs should be met and therefore we cannot investigate this decision. Furthermore, it would be reasonable to expect Mr X to also ask the Court to consider other aspects of his concerns about Mrs Y’s care and support needs, including the placement.

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Final decision

8. We will not investigate Mr X’s complaint because it is a matter for which court action has started and who will then decide.

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Investigator's decision on behalf of the Ombudsman