Summary: The Ombudsman will not investigate Miss Q’s complaint about the content of a letter the Council sent her. This is because some of the matters complained of have been considered in court. And we are unlikely to find fault with the Council on another part of the complaint.

The complaint

1. The complainant, who I have called Miss Q, complained about the content of a letter Bath and North East Somerset Council sent her. She said the letter contained false allegations and lies.

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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 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)
4. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered the information Miss Q provided. I considered the information the Council provided. I considered Miss Q’s comments on a draft of this decision.

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What I found

Background

6. The Court of Protection deals with decision-making for adults who may lack the mental capacity to make specific decisions for themselves.
7. A litigation friend may make decisions for an adult who lacks the mental capacity to manage their own court case.

What happened

8. Miss Q was a support worker for XY when she lived in residential care in her area. XY’s placement broke down and she moved into alternative residential care in the Council’s area.
9. Miss Q said XY messaged her occasionally. But the Council was concerned about Miss Q’s ongoing contact with XY. It thought this ongoing contact prevented XY from settling into her new residential care and forming new relationships.
10. The Council started proceedings in the Court of Protection. XY had a litigation friend acting on her behalf. The Court of Protection authorised the Council to write to Miss Q about her contact with XY. The parties to the court proceedings, including XY’s litigation friend, agreed the content of the letter.
11. The Council wrote to Miss Q. It explained its concerns about the impact Miss Q’s contact had on XY. It said it was in XY’s best interests if Miss Q gradually withdrew from her involvement with her. It also said if Miss Q’s ongoing inappropriate involvement continued it could put her at risk personally and professionally.
12. Miss Q is upset with the content and threatening nature of the Council’s letter. She said it contained false information and made false allegations about her. She said the false information had been brought before the Court of Protection by Council officers. Miss Q does not think she has done anything wrong and wants the Council to admit it got things wrong and to apologise to her.
13. The Council has provided information about the Court of Protection Proceedings which I am unable to share with Miss Q.

Analysis

14. We will not investigate this complaint.
15. The false information Miss Q complains of has been considered by the Court of Protection. I said above that we cannot investigate a complaint about the start of court action or what happened in court. For this reason, therefore, we cannot investigate the information presented to the Court of Protection.
16. Miss Q is clearly unhappy with the content of the Council’s letter. I can understand why she would be distressed by it, particularly as she does not think she has done anything wrong. However, the Court of Protection authorised the Council to write the letter. And the parties involved in the proceedings – including XY’s representatives – agreed its content. I have seen information which explains why the Council said what it did in the letter. Miss Q has not seen this information and I cannot share it with her as it relates to the court case. Nevertheless, having seen that information, it is my view that we are unlikely to find fault with the Council for the content of its letter.

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Final decision

17. We will not investigate this complaint for the reasons given in the Analysis.

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Investigator's decision on behalf of the Ombudsman