Summary: We cannot investigate this complaint about the care assessed and provided for Mr X by the Council. This is because the matters complained of have been raised in a court of law and we are thus legally prevented from considering them.

The complaint

1. Mr X’s representatives complain on his behalf that the care arrangements made for him by the Council have been inadequate. They also say a care assessment carried out was inadequate and the Council failed to review. They say the Council’s communications were poor and a social worker’s actions were wrong.
2. The representatives wanted the care assessment discarded and a fresh assessment carried out that identified the provision Mr X needs.

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The Ombudsman’s role and powers

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 the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council provided a copy of a court judgement at my request. This showed Mr X’s representatives sought leave for judicial review of the Council’s actions. The matters referred to in the court judgement were substantially the same matters as in the complaint to us. That the judge refused the application or took the view part of the matter was more suited to the Council’s complaints process has no effect on our legal powers set out above. We cannot investigate a matter where a complainant has had recourse to a court of law, even where they have subsequently followed a council’s complaints process. The legal bar that prevents us investigating is permanent, and effective from the first contact with the court. The actions of the social worker and the Council’s communications are not separable from its decisions about the care provided for Mr X

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Final decision

8. We cannot investigate Mr X’s complaint because the matters he complains of have been subject to court action and we are legally prevented from investigating them.

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Investigator's decision on behalf of the Ombudsman