Summary: We will not investigate this complaint about neglect in a care home. Substantive parts of Miss X’s concern were considered in court, and it would have been reasonable to include all concerns as part of that claim.

The complaint

1. Miss X complained about neglect by a Council-commissioned care home her father (Mr Y) lived in between 2022 and 2023. Miss X said this caused Mr Y’s deterioration, both her parents’ deaths and significant distress. She wanted the Care Provider to make service improvements.

Back to top

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)
3. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The law prevents us considering matters that have been considered in court. Central parts of Miss X’s concerns were considered as part of a court claim against the Care Provider, which Miss X says was decided in her favour.
7. Miss X says she found out recently the court did not consider, or comment on, some elements of the case she intended to bring. She therefore complained to the Council, then us.
8. We cannot investigate any matters that were brought to the court’s attention, even if the court declined to come to specific findings on some elements.
9. It would have been reasonable to include all concerns as part of the court submission. Any concern about the omission of issues is a matter Miss X can raise with her solicitor. We will not investigate the matter instead.

Back to top

Final decision

10. We will not investigate Miss X’s complaint because it is about matters that were considered in court, and peripheral matters it would have also been reasonable to include as part of those proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman