Summary: We will not investigate this complaint about adult social care arrangements. This is because we cannot consider matters that have been to court. Ms B wants to live with her parents, but a court has decided where she should live. The Ombudsman cannot overturn the court’s decision so cannot achieve the outcome Ms B wants.

The complaint

1. Ms B says she wants to live with her parents, but the Council will not let her and will not give her a reason. Ms B says she gets poor care from the care provider, such as the wrong medication which made her ill. Ms B is not happy in the care home and does not wish to be there. Ms B wants the Council to listen to her wish to live with her parents.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. A court decided where Ms B should live so the Ombudsman has no powers to consider the matter further. The Ombudsman cannot achieve the outcome Ms B wants; to live with her parents. Ms B needs to take her case back to court. Ms B should seek legal advice on how to challenge the court’s decision.

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Final decision

7. We will not investigate Ms B’s complaint because we cannot investigate a matter that has been heard at court. We cannot overturn a court decision and so cannot achieve the outcome Ms B wants.

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Investigator's decision on behalf of the Ombudsman