Summary: We cannot investigate Ms X’s complaint the Council delayed in arranging support for her mother to return home. The Court of Protection has already considered the substantive matters, therefore we have no jurisdiction to investigate.

The complaint

1. Ms X complained on behalf of her mother, Ms Y about the Council’s Occupational Therapist (OT). She said the OT did not understand Ms Y’s needs; failed to consider options to support Ms Y’s return home and delayed in completing a recommendation for a Disabled Facilities Grant (DFG). She said this caused Ms Y’s condition to deteriorate. Ms X wants the Council to change the allocated OT, financially reimburse her for any adaptation she made to Ms Y’s property and provide a remedy for the ongoing distress.

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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. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. 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

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. Ms X and the Council disagreed on where Ms Y should live and how her care needs should be met. As Ms Y does not have capacity to make this decision herself, it was considered by the Court of Protection. The Court decided Ms Y could return home and how her needs should be met in this setting.
8. Alongside court proceedings, Ms X complained to the Council about the OT involvement in Ms Y’s care. In the Council’s complaint response, it explained the OT actions were often dependent on court outcomes.
9. Although Ms X is not happy with the Council’s response, we cannot investigate her complaint. That is because her complaints about the OT and any alleged injustice arising from their actions are not separable to the substantive matters considered by the Court. It was also reasonable for Ms X to ask the Court to consider how Ms Y’s care needs were met, if there were any ongoing disagreements about appropriate equipment.

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Final decision

10. We cannot investigate Ms X’s complaint because the Court has already considered the substantive matter.

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Investigator's decision on behalf of the Ombudsman