Summary: We have no legal power to investigate Mr X’s complaint that the Council has not properly answered his questions about why it supported his disabled sister to contest their late mother’s will. This is because it relates to the start of court action.

The complaint

1. Mr X complains the Council has failed to properly answer questions about its decision to start legal proceedings on behalf of his disabled sister, Ms Y, to contest their late mother’s will. Mr X says he and his brother have lost over £135,000 between them as a result of the Council’s decision.

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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 have considered comments and information from Mr X and the Council.

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What I found

4. The Council has provided care and support to Ms Y, for many years.
5. In 2016 the Council started legal proceedings on behalf of Ms Y to contest her late mother’s will. The Council had learned that Ms Y had received considerably less than her two brothers and considered she would benefit significantly if additional funds were made available to her. Ms Y lacked capacity to make a claim against the estate herself.
6. The legal proceedings were concluded in early 2019 after which Mr X complained to the Council about its decision to contest the will, resulting in significant financial loss to him and his brother. Mr X then complained to the Ombudsman saying the Council refused to provide proper answers to his questions about the matter. He is also unhappy about the financial impact on him and his brother.

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Final decision

7. We cannot investigate this complaint because it relates to the start of court action.

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Investigator's decision on behalf of the Ombudsman