Wirral Metropolitan Borough Council (26 004 426)
Category : Adult care services > Assessment and care plan
Decision : Closed after initial enquiries
Decision date : 01 Jul 2026
The Ombudsman's final decision:
Summary: We cannot investigate Mr X’s complaint alleging that he is being prevented from having contact with his relative. This is because it concerns matters arising from a decision made by a court.
The complaint
- In short Mr X complains that the Council is preventing him from seeing and communicating with his relative.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council’s complaint response.
- I also considered the Ombudsman’s Assessment Code.
My assessment
- The Court of Protection makes declarations, decisions, or orders on financial or welfare matters affecting people who lack capacity to make such decisions;
- The Council has responded to Mr X’s complaint. It states the contact between Mr and his relative has been decided in the Court of Protection. It said several applications has been made by the Council to the Court covering contact with Mr X and his relative. It said the most recent order from the Court governs the present contact arrangements.
- We cannot investigate. We have no remit to investigate matters in connection with decisions made in court. Any challenges or complaints in connection with the contact arrangements must be pursued with the Court of Protection.
- I have considered if there is anything that can be separated out to investigate. I do not consider there are any stand-alone matters. This is because investigating the complaint would require us to review, question or reach findings on matters decided and arranged by the court.
Final decision
- We will not investigate Mr X’s complaint because it concerns matters arising from a decision made in court.
Investigator's decision on behalf of the Ombudsman