Summary: We will not investigate this complaint about the Council’s control of the complainant’s finances. This is because the matter has been decided in court.

The complaint

1. Mrs X complains about the Council controlling her bank account including the money from her house sale. She says the Council only gives her £50 weekly.

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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)

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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.

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My assessment

6. The Court of Protection deals with decision-making for adults who may lack capacity to make specific decisions for themselves. In this case it has appointed the Council as a ‘deputy’ for Mrs X’s financial affairs.
7. Mrs X can seek legal advice if she wishes to challenge the Court’s decision. We have no powers to intervene.

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Final decision

8. We will not investigate Mrs X’s complaint because it has been decided in court.

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Investigator's decision on behalf of the Ombudsman