Summary: We will not investigate this complaint about how the Council has pursued payment of outstanding care home fees as this is being pursued through a court.

The complaint

1. Ms X complains the Council is pursuing her for payment of her late mother’s outstanding care home fees through legal proceedings.
2. She also complains about decisions made by the Court of Protection.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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)

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How I considered this complaint

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

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Final decision

7. We will not investigate Ms X’s complaint because we cannot investigate complaints about the start of court action or what happened in court.

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Investigator's decision on behalf of the Ombudsman