Summary: We will not investigate Ms X’s complaint about the Council inappropriately insisting it needed to be Miss A’s financial appointee and refusing to allow someone from Miss A’s close support network to be her financial appointee. This is because the matter has been considered at Court .

The complaint

1. Ms X used to foster an individual, Miss A. Ms X now cares for Miss A. Ms X complains the Council inappropriately insisted it needed to be Miss A’s financial appointee and that the Council refused to allow someone from Miss A’s close support network to be her financial appointee. She also complains the Council failed to provide Miss A with appropriate financial support.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The evidence shows there was a dispute between the Council and Ms X regarding who should be Miss A’s financial appointee. At the time, the Council was Miss A’s financial appointee.
6. As Ms X wanted another person to be appointed Miss A’s financial appointee, the Court of Protection was the appropriate body to consider the matter. This is because the Court of Protection is responsible for appointing deputies/appointees to make ongoing decisions for people who lack mental capacity.
7. Ms X confirmed she took the matter to the Court of Protection and that during the proceedings, the Council agreed to relinquish its appointeeship.
8. Therefore, we cannot investigate this complaint as the matter has been considered at Court.
9. I am satisfied Ms X’s complaint about the Council failing to provide Miss A with appropriate financial support is linked to her complaint about the Council’s decision not to allow someone else to be Miss A’s financial appointee. This is because Ms X’s view was that someone close to Miss A would be better at providing financial support to her than the Council as a corporate appointee. Therefore, this matter is linked to the matters considered by the Court of Protection and so we cannot investigate the complaint.

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Final decision

10. We will not investigate Ms X’s complaint because the matter has been considered at Court.

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Investigator's decision on behalf of the Ombudsman