Summary: We will not investigate this complaint about the care
Mrs Y’s sister received at a residential care home. The Court of Protection is the body best placed to consider Mrs Y’s sister’s best interests and we cannot achieve the outcome Mrs Y is looking for.

The complaint

1. Mrs Y complains that her sister, Mrs X, was put into a care home without her knowledge and Mrs X is not happy there and her health is deteriorating.

Back to top

The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

3. I considered information provided by Mrs Y.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mrs Y says her sister Mrs X was put into a care home without her knowledge and Mrs X is unhappy with the care home she has been placed in. Mrs X lacked capacity to take this decision for herself.
6. Mrs X has been placed in a care home following the Best Interest process under the Mental Capacity Act.
7. Mrs Y can challenge this decision in the Court of Protection. Only the Court can determine if Mrs X should remain where she is or should be moved to alternative accommodation. We cannot get the outcome Mrs X is seeking and it is reasonable for Mrs Y to apply to the Court of Protection.

Back to top

Final decision

8. We will not investigate this complaint because the Court of Protection is better placed to consider Mrs X’s best interests and it is reasonable to expect Mrs Y to go to Court.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman