Summary: We will not investigate this complaint about Mrs C’s Care Provider refusing to allow Mr B to visit her. This is because the Court of Protection are determining where Mrs C should live, and Mr B can ask the court to consider his views about visiting her.

The complaint

1. Mr B says he and his family have been stopped from visiting his grandmother, Mrs C. Mr B says this is because he has questioned why Mrs C is being denied her liberty when she said in a telephone call that she wanted to speak to her son. Mr B says Mrs C is being deprived of her rights. Mr B says there is a cover up in the home and he wants the Ombudsman to investigate it.

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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)

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How I considered this complaint

3. I considered information provided by the complainant and the Care Provider.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant had an opportunity to comment on my draft decision.

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My assessment

6. The Care Provider says staff were present when Mr B telephoned Mrs C and the content of the call regarding her going home had a negative impact on her. Mr B says Mrs C is being denied access to see her son as she wants to do so. We could not say what was said in a telephone call when we were not there. Mrs C is deemed to lack capacity to make decisions and has an attorney who has the power to act on her behalf. If Mr B is concerned Mrs C’s attorney is not acting in her best interests he can ask the Office of the Public Guardian to consider his concerns.
7. The Care Provider says Mrs C lacks capacity to make decisions about where she lives and says there is a Deprivation of Liberty Safeguards (DoLS) in place to keep her safe in the home until such time the Court of Protection can decide this.
8. The Care Provider has confirmed the matter about where Mrs C should live is currently before the court. Mr B and his mother can also ask the court to decide whether they should be allowed to visit Mrs C and explain why he disputes the Care Provider’s assertion that his contact with Mrs C upsets her and it would be reasonable for him to do so.

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Final decision

9. We will not investigate Mr B’s complaint because it would be reasonable for him to ask the Court of Protection to decide whether Mrs C should be allowed to receive visits from him.

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Investigator's decision on behalf of the Ombudsman