Summary: We will not investigate the complaints about the Council’s care planning and associated matters as the complainant has started court proceedings about the complaints.

The complaint

1. Mr C complains on behalf of Mr D. Mr C complains about the Council’s care plan for Mr D, its carer’s assessment, its decision to start a safeguarding enquiry into Mr C’s actions and its attempts to obtain medical information about Mr D.

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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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I have spoken to Mr C. I have considered the information he and the Council have sent, the relevant law, policies and guidance and both sides’ comments on the draft decision.

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What I found

5. Mr C has started court action about the complaints that he has made.
6. Mr C has withdrawn one of the court applications he has issued relating to the complaints. I have explained to Mr C that, once court action has started, the Ombudsman cannot investigate the matter, even if the court has not decided the matter.

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Decision

7. We will not investigate Mr C’s complaints as Mr C has started court proceedings relating to the complaints.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman