Summary: We will not investigate this complaint about the Council’s role managing Mr B’s property and financial affairs. The Office of the Public Guardian or the Court of Protection is better placed to consider this complaint.

The complaint

1. Mr B complains the Council’s role managing his property and financial affairs. He says a Council officer has been overpaying his rent and utility bills. Mr B wants to stop the Council from controlling his money and says it is making decisions without his consent. He says he can manage his money and make his own decisions. Mr B feels the Council is treating him unfairly and this impacts on his independence. He wants to stop the Council being involved with him and the Court of Protection.

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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 could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr B has complained to the Council about the role it has to manage his finances via its Court of Protection team. He complained to the Council in September 2025 about an officer who he said had delayed dealing with matters relating to his property and financial affairs.
6. Mr B said he did not want the Council officer’s help anymore and he did not want the officer to control his money. Mr B said he did not want help from the Council or the Court of Protection anymore.
7. The Council said it had received several complaints from Mr B about his concerns relating to its role managing his finances via its Court of Protection team. It said it had addressed Mr B’s complaints and would not consider further complaints.
8. We will not investigate this complaint because the Office of the Public Guardian or the Court of Protection is better placed to consider a complaint. A Council Deputy has the same obligations as any other Deputy appointed by the Court of Protection. All Deputies must have due regard to the Mental Capacity Act 2005 and act in the best interests of the person. Mr B can notify the Office of the Public Guardian if he feels the Council is not acting in his best interests. If necessary, the matter can then be referred to the Court of Protection.

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Final decision

9. We will not investigate Mr B’s complaint because the Office of the Public Guardian or the Court of Protection is better placed to consider this complaint.

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Investigator's decision on behalf of the Ombudsman