Summary: We will not investigate this complaint about the financial assessment completed by the Council for adult social care charges. This is because the issues have been mentioned as part of the legal proceedings regarding a closely related matter.

The complaint

1. Ms X complains about the way the Council completed its financial assessment and asked her to pay a personal contribution towards her care charges. Ms X says the Council acted unreasonably and this caused her to experience prolonged distress, anxiety and exhaustion. She says the uncertainty and financial pressure have affected her wellbeing. Ms X says the Council should reinstate her direct payments while the dispute remains unresolved.

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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. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8))
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 the matters she complains about have been mentioned as part of legal proceedings regarding a closely related matter.

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Investigator's decision on behalf of the Ombudsman