Summary: We will not investigate this complaint about the Council’s actions as a court appointed deputy for finances. The Office of the Public Guardian supervise deputies so are better placed to consider this complaint.

The complaint

1. Mr B says the Council has taken over £6000 from him, and he wants it back.

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The Ombudsman’s role and powers

2. 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)
3. 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 or continue an investigation if we decide there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Court of Protection has appointed the Council as Mr B’s deputy for finances, because under the Mental Capacity Act 2005 it has been decided Mr B cannot manage his own finances.
7. The Ombudsman cannot consider decisions made by a Court. If Mr B wants to change his deputy he would need to go to the Court of Protection.
8. If Mr B has concerns about how the Council is acting as his deputy, he can contact the Office of the Public Guardian who supervise deputies.

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Final decision

9. We will not investigate Mr B’s complaint because there is another body better placed to consider the complaint. Mr B should contact the Office of the Public Guardian to raise concerns over how the Council is managing his finances as his deputy.

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Investigator's decision on behalf of the Ombudsman