Summary: We will not investigate this complaint about the Council’s handling of best interest meetings concerning Ms X’s daughter. This is because it is unlikely we can add to the investigation already carried out by the Council and an investigation would not lead to the outcomes Ms X seeks for her daughter.

The complaint

1. Ms X complains on behalf of her daughter, Ms Y, about the Council’s handling of best interest meetings held to discuss Ms Y’s situation. She says she did not have the opportunity to put forward her views and that she wants her daughter to return home to live with her.

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The Ombudsman’s role and powers

2. We investigate 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 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. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Ms X, including the Council’s response to the complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Following an accident, Ms X looked after her adult daughter at home for a number of years. When the COVID pandemic hit, and Ms X could receive no respite or use day centres, Ms Y was placed in a home.
6. Best interest meetings were held for Ms Y at which Ms X’s views were presented by another family member. Ms X complained about the meetings and that her views had not been properly considered.
7. The Council addressed her complaint and set out the action it would be taking with regard to Ms Y. There currently exists a dispute about where Ms Y will live and who will have deputyship for her. These are matters for the courts and not the Ombudsman to decide. Ms X wants Ms Y to return home to live with her but this is not an outcome we can achieve from an investigation.

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Final decision

8. We will not investigate this complaint because it is unlikely we can add to the investigation already carried out by the Council and an investigation would not lead to the outcomes Ms X seeks for her daughter.

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Investigator's decision on behalf of the Ombudsman