Summary: We cannot investigate Mr X’s complaint about how the Council denied his opportunity to live independently as it is linked to matters decided by the courts. The law prevents us from investigating such matters.

The complaint

1. Mr X complained about the Council’s Social Worker and their actions which affected his ability to live independently. Mr X said the matter caused him distress. It affected his physical and mental health and his finances too. He wants the Council to take disciplinary action against the Social Worker and provide him with a financial remedy.

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

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X said following a brain injury he experienced, the Council assigned him a social worker to support him. Mr X said the Social Worker completed assessments with him which were false and inaccurate as they did not portray him as having the capacity to make decisions about where he wanted to live and his care and treatment. Mr X said because of this, the Court of Protection decided it was in Mr X’s best interests for him to reside in residential and nursing care settings. Mr X said for a significant amount of time, he was denied the opportunity to be independent.
8. We cannot investigate Mr X’s complaint because it relates to matters which were considered by the Court of Protection. As outlined in paragraph three, the law prevents us from investigating such matters.
9. In any case, we would not be able to achieve part of Mr X’s outcome as we cannot recommend organisations to take disciplinary action against staff.

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Final decision

10. We cannot investigate Mr X’s complaint because it relates to matters decided by the courts.

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Investigator's decision on behalf of the Ombudsman