Summary: We will not investigate Ms X’s complaint that the Council deprived her late mother of her liberty when it placed her in a care home against her will. The decision was made by the Court of Protection and we cannot investigate complaints about what happened in court. We will also not investigate Ms X’s complaint about the actions taken by the Council to recover the care fees owed. There is not enough evidence to justify investigating.

The complaint

1. Ms X complains the Council:
• placed her late mother, Mrs M, in two care homes, without consulting with the family and against Mrs M’s will; and
• unlawfully approved the costs of those placements even though Mrs M was a self-funder.
2. Ms X says that as a result, the estate is being asked to pay fees it does not owe.
3. Ms X also makes complaints about a deputy appointed for Mrs M by the Court of Protection.

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The Ombudsman’s role and powers

4. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. 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)
6. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Court of Protection. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mrs M was placed in emergency respite care. The Council paid for the placement whilst waiting for a deputy to be appointed so a financial assessment could be completed.
10. The Court of Protection appointed a deputy and the Council completed Mrs M’s financial assessment.
11. At a further hearing, the Court of Protection decided Mrs M should remain in her care home placement.
12. The Council sent the deputy details of the fees Mrs M owed. These amounted to around £100,000. The deputy was unable to pay the fees because Mrs M died before he could gain access to her bank accounts.
13. Mrs M’s estate began the process of going through probate. This remains ongoing because of disagreements between Mrs M’s children.
14. In April 2023, the Council sent Ms X and other family members a letter warning that if the outstanding amounts owed were not paid within 30 days, it would start legal proceedings. The letter laid out details of the amounts owed for the various periods Mrs M was in care.
15. Ms X complained to us.
16. We will not investigate Ms X’s complaints. The decisions relating to Mrs M’s placement in a care home and the appointment of a deputy were made by the Court of Protection and we cannot investigate complaints about what happened in court.
17. In relation to the fees owed, the Council was following the order of the Court of Protection in relation to Mrs M’s placements and paid the fees whilst her finances were assessed. It was entitled to recover these fees because Mrs M was a self-funder. The Council has provided details to the family of what was owed and when, including periods when no fees were owed. There is not enough evidence of fault to justify an investigation by the Ombudsman.

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Final decision

18. We will not investigate Ms X’s complaint because we can not investigate complaints about what happened in court. In addition, for those matters we could investigate, there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman