Summary: The Ombudsman cannot investigate this complaint about the actions of a care home. This is because the issues complained of relate to court proceedings and are out of the Ombudsman’s jurisdiction.

The complaint

1. The complainant, who I refer to here as Mrs J, says that:
• Her friend, Mr G, is not being cared for properly at his care home; and
• The care home has unfairly restricted Mrs J’s visits to Mr G.

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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 may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:
• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

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How I considered this complaint

5. I considered the information provided by Mrs J and by the care home. I have also sent Mrs J an initial view for her comments.

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What I found

6. Mrs J complains that the care home where Mr G resides does not care for him properly. We cannot investigate this complaint as Mrs J has no authority to complain on behalf of Mr G or to share his data.
7. I will not accept Mrs J as a suitable representative for Mr G as a court has ruled that she does not act in his best interests. Where there has been a court decision, the complaint is out of jurisdiction for the Ombudsman.
8. Mrs J also complains that her visits to the care home have been unfairly restricted.
9. I cannot investigate this aspect of the complaint as it was a court decision that restriction should be put on the visits to Mr G by Mrs J.
10. Mrs J further complains about her treatment by the care home and raises several incidents in which she feels she was treated unfairly. However, in each of these incidents, the care home was implementing the court’s decision regarding the restriction of Mrs J’s contact with Mr G. We are therefore unable to look at these complaints.

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Final decision

11. I cannot investigate this complaint as the matters complained of relate to court proceedings and are out of jurisdiction.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman