Summary: We will not investigate this complaint about a best interests decision which determined where Miss B’s son should live. There is not enough evidence of fault to justify investigating.

The complaint

1. Miss B complains about not being to see her son and other children. She says the Council removed her children and placed them in care alleging she had mental health problems. Miss B says nothing is wrong with her and the Council’s decision has caused her distress and mental trauma. As an outcome Miss B wants the Council to allow her adult son to come and live with her as this is his wish.

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The Ombudsman’s role and powers

2. 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 not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or

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

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How I considered this complaint

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

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My assessment

5. Miss B complained to the Council about the decisions made for her son to live in a placement since he turned 18 years old. She said during weekly telephone conversations she had with her son he told her he wanted to come and live with her.
6. When responding to Miss B’s complaint the Council confirmed it had completed a mental capacity assessment in March 2024 which determined Miss B’s son lacked capacity to choose where he should live.
7. A best interests meeting in October 2024 involved Miss B, her son, and advocate and the Council as well as other relevant people. The decision determined it was in Miss B’s son best interests to remain living where the Councill had placed him. The Council said it would review the decision annually and arrange support so Miss B’s son could visit her.
8. We will not investigate this complaint as there is not enough evidence to fault to justify investigating. If Miss B disagrees with the best interests decision she can apply to the Court of Protection.

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Final decision

9. We will not investigate Miss B’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman