Summary: We stopped investigating Ms X’s complaints about a care home’s communication with her. The case is currently with the Court of Protection which is best placed to deal with the issues. Our involvement is therefore not appropriate.

The complaint

1. Ms X complained about West Sussex County Council (the Council), in particular about a care home the Council commissioned to provide her sister Ms Y’s care (the Care Home). Ms X said staff at the Care Home did not communicate with her effectively to support Ms Y’s care and this ended in Ms Y receiving an eviction letter. Ms X also complained about the Council’s search for a new placement for her sister.
2. Ms X said the Council’s and Care Home’s actions caused her and Ms Y avoidable distress.

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The Ombudsman’s role and powers

3. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. Where relevant legal proceedings have been started by a council, Our Guidance on Jurisdiction says we may discontinue (end) an investigation “where the matter has been or might be litigated to such an extent that there would be no useful purpose to be served by investigation, or an investigation might stray in to matters decided or to be decided by the court.”

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How I considered this complaint

5. I considered the responses to Ms X’s complaint, her complaint to us and supporting documents. I also considered information from the Council about proceedings in the Court of Protection.
6. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

7. Ms X is Ms Y’s deputy. (A deputy manages the finances and health and care arrangements for a person who cannot make decisions themselves because of a mental impairment, disability or long-term health problem). Ms Y has learning disabilities and lives in the Care Home, which the Council arranges and funds.
8. Communication between Ms X and staff at the Care Home has been challenging and resulted in Ms X making formal complaints, which were not upheld. The Council issued proceedings in the Court of Protection at the end of 2021 and a final hearing is not anticipated until April 2022 at the earliest. The Court of Protection is responsible for appointing deputies and giving permission to make one-off decisions on behalf of a person who lacks mental capacity.
9. The Council asked the Court to
• Review/revoke the deputyship order which would include the judge considering Ms Y’s past communication with the Care Home to decide whether or not it was in Ms Y’s best interests for Ms X to continue to be her deputy
• Make a decision about Ms Y’s future care given the Care Home said it can no longer work with Ms X.

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Final decision

10. I stopped investigating Ms X’s complaints because they are matters before the court which is best placed to deal with all the issues Ms X has complained to us about, including behaviour and communication by the Care Home. Our involvement is therefore not appropriate.

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Investigator's decision on behalf of the Ombudsman