Summary: We cannot investigate this complaint about the Council delaying moving Miss X to a new placement and having left her in an unsuitable placement for many years. The onset of court action has engaged a permanent legal bar that prevents us from investigating.

The complaint

1. Mrs Y complains on behalf of Miss X, a family member. Mrs Y says the Council left Miss X in an unsuitable placement for many years despite her having previously been harmed there. She also says the Council took too long to arrange a more suitable placement.

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The Ombudsman’s role and powers

2. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended).

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How I considered this complaint

5. I considered information provided by the complainant and a third party.
6. I considered the Ombudsman’s Assessment Code and whether we could accept the complaint from Mrs Y on Miss X’s behalf, speaking to Miss X’s advocate.

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My assessment

7. Miss X’s advocate confirmed the onset of court action regarding Miss X’s move to a new placement. The court action refers directly to the same matter as the complaint to us, and is likely to require reference to the time Miss X has spent in the current setting. That prevents me making any comment on whether there was fault in the Council’s actions in these matters.

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Final decision

8. We cannot investigate Miss X’s complaint. The onset of court action engages a permanent legal bar that prevents us investigating these matters.

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Investigator's decision on behalf of the Ombudsman