Summary: We cannot investigate this complaint about the Council’s actions as an appointed deputy of Ms X’s property and affairs. We also cannot investigate any matters in relation to the housing association. This is because it is not in our jurisdiction.

The complaint

1. Ms X’s representative complained about the Council’s lack of support to help move Ms X back into her long-term home which is owned by a housing association and to clear rent arrears related to that home. As a result, Ms X is living in supported living accommodation which is unsuitable for her care and support needs. Ms X’s representative wants the Council to support Ms X to move back into her home.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of registered social landlords. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

5. I considered information provided by Ms X’s representative and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X has mental health problems which affect her mental capacity to make specific decisions. Ms X has a long-term tenancy agreement with a housing association. She has a history of overdue rent in relation to the property which subsequently led Ms X’s landlord to apply to the courts to terminate Ms X’s tenancy agreement. At the time, the courts had placed the case on hold.
8. In 2018, the Court of Protection appointed the Council as the deputy of Ms X’s property and affairs. In the same year, Ms X moved into supported living accommodation.
9. In 2022, a consultant psychiatrist concluded Ms X had the capacity to make decisions about her residence and care. Ms X wished to return to her home. Since then, Ms X’s representative has written to the Council on several occasions and requested it to support Ms X to move back into her home. Ms X’s representative has complained the Council has not provided information such as:
• what benefits Ms X is entitled to in order to establish her affordability and sustainability of returning to the property;
• how it is going to respond to Ms X’s landlord and what support it will provide Ms X with clearing her rent arrears; and
• how it will meet her care and support needs in her own home.
10. We cannot investigate this complaint. This is because Ms X’s representative complains about the Council’s actions in relation to its’ role as the appointed deputy for Ms X’s property and affairs. A deputy is appointed by the Court of Protection and is an agent of the court. We cannot investigate complaints about court action, including agents acting on behalf of the court. Ms X’s representative would need to raise their concerns with the Court of Protection.
11. Ms X’s representative wants the Council to clear the rent arrears associated with the property.
12. We cannot recommend the Council to clear the rent arrears. This is because when the Council is considering taking action in relation to the arrears, it is acting in its role as a deputy. In addition, there is ongoing court action in relation to the tenancy and the law says we cannot investigate a council’s handling of matters relating to court action. Furthermore, we cannot investigate the actions of the housing association as they are outside the scope of the LGSCO scheme.

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Final decision

13. We cannot investigate this complaint because the matters are outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman