Summary: We will not investigate Mr X’s complaint about the Council detaining his mother with no authority or regard for her or her family’s wishes. This is because we have no jurisdiction as Mr X has used his alternative remedy by way of proceedings in a court of law.

The complaint

1. Mr X complains about the Council detaining his mother with no authority or regard for her or her family’s wishes.

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The Ombudsman’s role and powers

2. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complains about the Council detaining his mother with no authority or regard for her. Mr X has provided evidence this matter was challenged in the court of protection.
6. As Mr X has used his alternative remedy by way of proceedings in a court of law, we have no jurisdiction to consider the complaint.

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Final decision

7. We will not investigate Mr X’s complaint because we have no jurisdiction as he has used his alternative remedy by way of proceedings in a court of law.

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Investigator's decision on behalf of the Ombudsman