Summary: We cannot investigate this complaint about the Council’s placement of Mr X’s relative in a care home. The Council’s decision was considered in the Court of Protection. We have no power to consider matters decided in court.

The complaint

1. Mr X complains the Council has placed his relative in a care home and his family are not allowed to take their relative out. He says this has caused him anxiety, stress and grief.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
4. 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))

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How I considered this complaint

5. I considered information provided by the complainant which includes the Council’s response.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We cannot investigate Mr X’s concerns about the Council’s placement of Mr X’s relative in a care home as this was decided in court. We cannot investigate matters that have been considered in court.
8. Mr X also raised specific concerns about not being able to take his relative out of the care home for outdoor trips. The Council has confirmed to Mr X in writing that this Is not correct and he is able to take his relative out for outdoor trips.

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Final decision

9. We will not investigate Mr X’s complaint because it has been decided in court.

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Investigator's decision on behalf of the Ombudsman