Summary: Mr X complains about defamation of character due to allegations the Council included in a report to the Court of Protection. We cannot investigate this complaint because it is about the content of reports provided for the court, which the law prevents us from considering.

The complaint

1. Mr X complains about defamation of character due to allegations the Council included in a report to the Court of Protection.

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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)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered the information Mr X provided when he complained to us.
5. I considered information the Council provided.
6. I gave Mr X an opportunity to comment on my draft decision.

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What I found

7. Mr X says the Council has applied to the Court of Protection, a court that makes decisions on behalf of people who cannot make their own decisions, to remove his brother from being his mother’s Lasting Power of Attorney. He says the Council’s report to court included inaccurate information as it said Mr X borrowed money from his mother, who cannot manage her own finances anymore. Mr X says this is not correct, as it was his brother who borrowed the money. He says the Council’s report tells the court Mr X should not hold sole Power of Attorney, and he considers it has defamed his character.
8. We cannot investigate a complaint about what happens in court, which includes the content of reports the Council provides to the court. Therefore, we cannot investigate Mr X’s complaint.
9. Mr X indicates he is not party to the proceedings and says his brother will not challenge the accuracy of the information in court as it does not matter to him. I understand this causes frustration for Mr X. However, we are prevented from investigating the matter.
10. The information the Council provided is unlikely to be the only evidence the court considers. It is for the court to make a decision about what is in Mr X’s mother’s best interests, using the information available to it.
11. Defamation of character is a legal matter that the Ombudsman cannot comment on in any event. It is open to Mr X to seek legal advice to pursue action against the Council in the courts.

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Final decision

12. The Ombudsman cannot investigate this complaint. This is because it is about the content of reports provided for the court, which the law prevents us from considering.

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Investigator's decision on behalf of the Ombudsman