Summary: We will not investigate Mrs X’s complaint about the impact on her when the Council placed her partner in a care home. This is because we cannot achieve a worthwhile outcome.

The complaint

1. Mrs X complains the Council did not consider the impact on her when it placed her partner in a residential care home. She says it severely impacted her mental health, and she wants compensation and an apology.

Back to top

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 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)

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. Mrs X says the Council placed her partner in a residential care home against their will and despite professional advice. She says she supported her partner to take the Council to court.
7. The law says we cannot consider matters which have been considered in court.
8. Mrs X says she is complaining about the impact of the Council’s decision on her. Mrs X is a carer for her partner and says the Council should have considered her needs.
9. I will not investigate this complaint. We cannot achieve a meaningful outcome because the law says we cannot investigate the substantive matter (the Council’s decision to place Mrs X’s partner in a care home).
10. Mrs X has also complained about complaint handling. It is not a good use of public resources to investigate complaints about complaint procedures if we are unable to deal with the substantive issue.

Back to top

Final decision

11. We will not investigate Mrs X’s complaint because we cannot achieve a worthwhile outcome.

Back to top

Investigator's decision on behalf of the Ombudsman