Summary: We will not investigate this complaint about the Council recovering care fees. This is because we cannot investigate where the complainant has sought a remedy in court.

The complaint

1. Ms X complains the Council has charged her late father’s estate for care he did not receive.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

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

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My assessment

7. Ms X is the executor of her late father’s estate.
8. In 2019, the Council took Ms X to court to recover outstanding care fees for care provided to her father between 2012 and 2013. The court issued a judgement against Ms X.
9. In 2023, Ms X applied to court to set aside its judgement. Ms X sought a remedy in court, therefore we cannot investigate.

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Final decision

10. We cannot investigate Ms X’s complaint because she has sought a remedy in court.

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Investigator's decision on behalf of the Ombudsman