Summary: We will not investigate Mrs X’s complaints about the care provided to her son, Mr Y, by Plymouth City Council. This is because the matters she is complaining about have been subject to court proceedings.

The complaint

1. Mrs X is complaining about the care and support provided to her son, Mr Y, by Plymouth City Council (the Council). Mrs X says the Council has failed to meet its duty of care to Mr Y by arranging for him to return to his family in a new home and with an appropriate package of care and support.
2. Mrs X says this has left the family unable to move forward and that Mr Y’s education has been delayed.

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The Ombudsmen’s role and powers

3. The Local Government and Social Care Ombudsman and Health Service Ombudsman have the power to jointly consider complaints about health and social care. (Local Government Act 1974, section 33ZA, as amended, and Health Service Commissioners Act 1993, section 18ZA).
4. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe the matters brought to our attention have already been subject to consideration by another appropriate body.

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How I considered this complaint

5. I considered evidence provided by Mrs X and the Council. I also considered relevant law, policy and guidance.

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What I found

Relevant law

Court of Protection

6. The Court of Protection deals with decision-making for adults who may lack capacity to make specific decisions for themselves.
7. The Court of Protection may need to become involved in difficult cases or cases where there is disagreement which cannot be resolved in any other way. The Court of Protection:

• decides whether a person has capacity to make a particular decision for themselves;
• makes declarations, decisions or orders on financial or welfare matters affecting people who lack capacity to make such decisions;
• appoints deputies to make decisions for people lacking capacity to make those decisions;
• decides whether a Lasting Power of Attorney or Enduring Power of Attorney is valid; and
• removes deputies or attorneys who fail to carry out their duties.

My findings

8. Mr Y is a young man with learning disabilities and complex care needs. He lives in an assisted living placement with a package of care and support.
9. In October 2024, Mrs X complained to the Council about the suitability of Mr Y’s accommodation and the standard of the care he was receiving there. Mrs X said the family wanted Mr Y to return to live with his family in suitable accommodation and with an appropriate package of care.
10. The evidence I have seen shows that the suitability of Mr Y’s accommodation and his care arrangements have both been subject to proceedings in the Court of Protection.
11. Mrs X was given an opportunity to submit her views to the Court. However, she did not so by the directed date in May 2025. As a result, a final hearing scheduled for July was vacated. The Court of Protection subsequently ordered that Mr Y should remain in his current placement with a 24-hour package of care from two carers.
12. It is not the role of the Ombudsmen to consider matters that have already been put before the courts. In this case, Mrs X’s concerns about Mr Y’s accommodation and his care arrangements have been subject to Court of Protection proceedings and a court order has now been issued.
13. We will not investigate Mrs X’s complaint, therefore.

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Decision

14. We will not investigate Mrs X’s complaint. This is because the matters she is complaining about have already been subject to proceedings in the Court of Protection.

Investigator’s decision on behalf of the Ombudsmen

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Investigator's decision on behalf of the Ombudsman