Summary: We will not investigate Miss X’s complaint about how the Council made a best interest decision to place Ms Y in a care home. It is reasonable to expect Miss X to challenge the Council’s decision at the Court of Protection.

The complaint

1. Miss X complained the Council’s decision for Ms Y to remain in a care home did not consider the correct legal process.
2. Miss X said it caused distress.
3. Miss X would like Ms Y to leave the care home and live with her.

Back to top

The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
6. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

9. Ms Y was a temporary resident in a care home. The Council completed a best interest meeting in September 2025. It decided Ms Y would remain in the care home permanently.
10. Miss X was unhappy with the Council’s decision and complained. The Council informed her she would have to apply to the Court of Protection if she wanted the decision overturned. Miss X remained unhappy and came to us.
11. We will not investigate this complaint. The Council took the actions we would expect to see. It held a best interest meeting because Ms Y lacked capacity. This was attended by the relevant people, including an independent advocate to represent Ms Y. Ms Y’s opinions were sought and professional views on her care needs gathered. There is no evidence of fault in how the Council made its decision. Therefore, we cannot question the outcome.
12. If Miss X remains unhappy, she can go to the Court of Protection and challenge the Council’s decision.

Back to top

Final decision

13. We will not investigate Miss X’s complaint because it is reasonable to expect her to go to the Court of Protection to challenge the Council’s decision.

Back to top

Investigator's decision on behalf of the Ombudsman