Summary: We will not investigate this complaint about adult social care and where the person should live. The court of protection is better placed to consider this complaint as can order where the person should live. There is not a worthwhile outcome the Ombudsman could achieve.

The complaint

1. Miss C says the Council is failing to return her relative, Mr D, to live back within its borough close to friends and family. Miss C says this breaches Mr D’s human rights and is impacting on his and his family’s health and wellbeing. Miss C says Mr D is over medicated, and with less medication he can do more for himself.

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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 impact 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 or continue an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council is responsible to meet Mr D’s adult social care needs. The Council placed Mr D outside its borough and he has lived there for a long time.
6. Mr D does not have capacity to make decisions about his care and treatment, and where he should live. The Council must make decisions in Mr D’s best interests following the Mental Capacity Act 2005 and associated guidance.
7. Miss C is not happy with how long this is taking, and with the Council changing its decisions over the years. Miss C also says Mr D is over medicated which impacts his ability to be more independent. The court of protection makes decisions about the property, finances, and welfare of people who cannot make those decisions for themselves. The court can make decisions about where someone should live and what care they should receive.

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Final decision

8. We will not investigate Ms C’s complaint because the court of protection is better placed to consider it and resolve the dispute about where Mr D should live.

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Investigator's decision on behalf of the Ombudsman