Summary: We cannot investigate this complaint about Mrs Y’s case being taken to the Court of Protection for a decision about her mental capacity and best interests. The law prevents us investigating matters that are being considered in court.

The complaint

1. Ms X complained the Council began court action when she asked for her mother (Mrs Y) to be moved closer to her. She also complained the social worker was rude, condescending and lacking in compassion, and refused to engage with her.
2. Ms X said the matter had caused her significant distress, and said she wanted the Council to consult her on the matter.

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The Ombudsman’s role and powers

3. 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)

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How I considered this complaint

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

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My assessment

6. The law prevents us investigating complaints about a council’s decision to begin court proceedings. In this case, the court of protection application has been made by a professional Relevant Person’s Representative, appointed to support Mrs Y with matters relating to her Deprivation of Liberty Safeguards authorisation. We have no power to investigate this decision.
7. We could not investigate the Council’s actions in relation to the proceedings. This includes the content of its representations to court about Mrs Y’s capacity and best interests, and what steps it did or did not take in gathering information and forming its view. Ms X’s complaints about the social worker’s approach are inextricably linked to the matter being considered by the court.
8. In any event, we could not come to sound conclusions about Ms X’s perception of the social worker’s attitude during verbal conversations and it would not be proportionate to investigate a complaint about their alleged lack of response to emails in isolation, even if separable to the court proceedings.

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Final decision

9. We will not investigate Ms X’s complaint because it is about matters being considered in ongoing court proceedings, and peripheral matters that are too intertwined with those proceedings.

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Investigator's decision on behalf of the Ombudsman