Summary: Mr and Mrs B complain about the care and support provided to Mrs B’s adult daughter at the supported living flat where she lives. Because of current court action which could consider the same matters that are the subject of this complaint the investigation has been discontinued.

The complaint

1. Mr and Mrs B complain on behalf of Mrs B’s adult daughter Ms X. They complain about the care and support provided at the supported living flat where Ms X lives. They consider the care and support is not satisfactory.

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The Ombudsman’s role and powers

2. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

3. I considered the complaint and documents provided by Mr and Mrs B and spoke to Mrs B. I asked the Council to comment on the complaint and provide information. I sent a draft of this statement to Mr and Mrs B and the Council and considered their comments.

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What I found

4. Ms X moved to the supported living flat in August 2017. From the outset Mrs B was unhappy about aspects of the support provided. She complained in late 2017. She complained to the Ombudsman in February 2018 and we referred the complaint back to the Council for it to consider. The Council provided its response to the complaint in December 2018.
5. Since Mrs B first complained the Council started action in the Court of Protection. The action is considering Ms X’s residence, her care needs and also her contact with Mrs B. Included in the documents before the court is the investigation report into Mrs B’s complaints about the care provided.
6. The matters Mr and Mrs B are asking us to consider could be considered as part of the court action. We will not consider matters that have been before the court. So, until the court action is concluded, we cannot investigate Mr and Mrs B’s complaint as we do not know if there are any matters that are separable from those before the court.
7. When the court action is concluded Mrs B can make a further complaint to the Ombudsman if she considers there are matter that have not been before the court and which we could investigate.

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Final decision

8. The investigation has been discontinued.

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Investigator's decision on behalf of the Ombudsman