Summary: We will not investigate this complaint about information not being provided about a court case (to decide where the complainant’s family member should live). This is because the case has already been decided in court, so we have no remit to intervene.

The complaint

1. Mr X complains about not being informed about a court case held by the Court of Protection. This was to decide where a family member should live. Mr X complains the judge was not provided with his views.
2. He would like his relative to live with him.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Court of Protection deals with decision-making for adults who may lack capacity to make specific decisions for themselves.
8. The Court of Protection may need to become involved in difficult cases or cases where there are disagreements that cannot be resolved in any other way. The Court of Protection

• decides whether a person has capacity to make a particular decision for themselves
• makes declarations, decisions or orders on financial or welfare matters affecting people who lack capacity to make such decisions
• appoints deputies to make decisions for people lacking capacity to make those decisions

9. In this case Mr X’s relative does not have capacity to decide for themselves where to live. However, it does not appear that Mr X is a court of protection appointed deputy authorised to represent his relative.
10. I note the Council has advised him he can appeal directly to the court if he disagrees with the court order.

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Final decision

11. We will not investigate Mr X’s complaint because we have no remit to consider decisions made in the courts.

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Investigator's decision on behalf of the Ombudsman