Summary: We will not investigate this complaint about the Council getting a deputyship for Miss X. We have no jurisdiction to investigate the commencement of court proceedings or what happened in court.

The complaint

1. Miss X complained the Council got a deputyship from the Court of Protection without completing an assessment of her mental capacity. She said that since having the deputyship the Council has placed her in debt. She said the Council had recently assessed her as having capacity to manage her finances. She wants the court order revoked and action against the Council for unlawfully obtaining the deputyship.
2. Miss X also complained the Council has failed to provide her with her case records after she made a subject access request.

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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)
5. 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:

• there is another body better placed to consider this complaint.

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

6. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. We cannot investigate Miss X’s complaint about the steps the Council took before getting the deputyship. That is because deputyships are issued by the Court of Protection, and we have no jurisdiction to investigate a complaint about the start of court action or what happened in court. That includes the actions the Council took before going to court and the Court’s decision to issue the deputyship.
10. If Miss X is unhappy about how the Council has carried out its role as a deputy, it is appropriate for her to raise her concerns with the Officer of the Public Guardian (the OPG). The OPG has supervisory powers over deputies appointed by the Court of Protection. The OPG can revoke the deputyship if it considers it necessary.
11. Miss X also complained the Council has failed to respond to her subject access request. It is reasonable for Miss X to complain to the Information Commissioner if she is unhappy with how the Council has handled her subject access request.

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Final decision

12. We cannot investigate Miss X’s complaint about the Council obtaining a deputyship to manage her finances, because we have no jurisdiction to investigate what happened in court.

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Investigator's decision on behalf of the Ombudsman