Summary: We will not investigate this complaint about Ms Y’s placement in a nursing home. The matters have been raised as part of court proceedings, so we are prevented in law from investigating.

The complaint

1. Ms X complained about the care her mother (Ms Y) has received in a care home. She says:
• The care home put Ms Y at significant risk by stopping her medical treatment and refusing to seek medical assistance when needed;
• The Council has not responded properly to Ms X’s safeguarding referral about the care home or her complaints about the matter.

Ms X wants the Council to remove her mother from the care home.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X’s complaint relates to Ms Y’s placement in a nursing home, where she believes Ms Y’s best interests are not being served.
6. The Court of Protection has been involved in the matter. It has made decisions relating to Ms Y’s mental capacity to make her own decisions about the matters Ms X complained about. It also made decisions about Ms Y’s best interests in these areas. The way to challenge those decisions is via the courts, and we have no power to change the court’s decisions.
7. We are prevented in law from investigating matters that have been before the courts. We have no power to investigate this complaint.

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Final decision

8. We will not investigate Ms X’s complaint because it is about matters that have been considered in court.

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Investigator's decision on behalf of the Ombudsman