Summary: We cannot investigate this complaint about how the Council handled an application for a deputyship because it is about the start of court action. The complaint is also late and there are no good reasons to consider it now. And Mr Z had the opportunity to take part in the court proceedings so it would also have been reasonable to expect him to raise his concerns in court.

The complaint

1. Mr Z says the Council failed to consult him and his family before applying to the Court of Protection for a deputyship order for his aunt in 2019.
2. Mr Z also says the Council charged his aunt for making an unnecessary application.

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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 about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

7. I considered information provided by Mr Z and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr Z says the application for the deputyship was inappropriate, disproportionate, and unnecessary. Therefore, he would like a refund of the application fees charged by the Council.
10. Mr Z says he received notice of the application from the Office of the Public Guardian in July 2019.
11. The action Mr Z complains of is the start of court action and we cannot investigate it.
12. Mr Z knew about the matter in July 2019, so even if we could investigate parts of it, the complaint is late. There is no reason Mr Z could not have come to us sooner so there are no good reasons to exercise our discretion and consider the complaint now.
13. In any event, even if the complaint was not late Mr Z knew about the court application and could have challenged the Council’s actions and the fees associated with this application in court.

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Final decision

We cannot investigate Mr Z’s complaint because it is about the start of court action. It would have been reasonable for Mr Z to have challenged the Council’s actions in court because he had the opportunity to do so.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman