Summary: We will not investigate Ms C’s complaint about the Council’s actions in connection with her deputy. This is because we could not add to the Council’s response or make a different finding.

The complaint

1. Ms C complained the Council removed her mother’s status as her deputy and appointed a solicitor. As a consequence, Ms C has been charged over £7000 for their services. Ms C says she did not appoint solicitors and should not have to pay the fees. Ms C says the Council should reimburse her the cost of the solicitors fees.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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)

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.
6. The complainant had an opportunity to comment on my draft decision.

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My assessment

7. The Council confirmed it did not make the decision to remove Ms C’s mother as her deputy. It explained it provided information to the Office of the Public Guardian (OPG) under its responsibility for safeguarding adults, and the OPG made the decision to refer to the Court of Protection. The Court of Protection decided to remove Ms C’s mother and appoint a solicitor to act as Ms C’s deputy. I understand Ms C’s mother has since been reinstated as her deputy.
8. There is no evidence of fault with the Council’s actions in this case warranting an Ombudsman investigation. If Ms C is concerned information given by the Council to the OPG was incorrect she can ask the Court of Protection to consider her views. Ms C can ask the Court to consider reimbursing her the costs incurred for the solicitors fees and explain why. The Court instructed the solicitors and only the Court can waive the fees.

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Final decision

9. We will not investigate this complaint. This is because we could not add to the Council’s response or make a different finding

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Investigator's decision on behalf of the Ombudsman