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Westminster City Council (17 005 842)

Category : Adult care services > Residential care

Decision : Not upheld

Decision date : 27 Mar 2018

The Ombudsman's final decision:

Summary: Mr X complains about the Council preventing contact with his son. The Ombudsman will not continue this investigation as the courts are considering matters related to Mr X’s complaint.

The complaint

  1. Mr X complains that the Council unreasonably prevented him from having contact with Mr Y. He is unhappy with the quality of care it provided and believes Mr Y is at risk.

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The Ombudsman’s role and powers

  1. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
  2. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

  1. I considered information from the Complainant and from the Council.
  2. I will send both parties a copy of my draft decision for comment and will take account of the comments I receive in response.

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What I found

  1. The courts will consider matters relating to Mr Y’s care and contact. This means that our investigation will overlap with issues considered by the courts and therefore we must end our investigation.
  2. If, once the court involvement has ended, Mr X believes there are parts of his complaint that the court did not deal with, he can come back to us.

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Final decision

  1. I have discontinued my investigation because it will overlap with issues being considered by the courts.

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Investigator's decision on behalf of the Ombudsman

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