Summary: The Ombudsman will not investigate this complaint about decisions made about the complainant’s husband’s best interests, and the effects of the decision on the complainant. This is because the decisions are out of our jurisdiction as they were made by the Court of Protection and by the police.

The complaint

1. The complainant, who I refer to here as Mrs U, says that:
• Her husband, Mr U, has been placed in a care home against both his will and hers;
• She is dissatisfied with the court’s appointment of a Council Deputy to manage Mr U’s finances, as she feels they are not being managed in a manner which is fair to her;
• She is unhappy about an allegation that her daughter assaulted Mr U, when he is the person who has assaulted her and their children on many occasions; and
• She is not receiving services from the Council although she has had several falls and is often unable to manage.

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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 cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

5. I considered the information provided by Mrs U and by the Council. I have also sent Mrs U a draft decision for her comments.

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What I found

6. Mrs U’s husband has been placed in a care home. She says this is against his will, and he wants to come home. She supports his wish and says the decision is unfair. She has complained to the Council about the decision, but the complaint was rejected and she has brought it to the Ombudsman.
7. We cannot investigate the complaint however. This is because Mr U now lacks capacity to make informed decisions for himself about where he should live. He is subject to Deprivation of Liberty Safeguards (DOLs) and the Court of Protection has decided that it is in his best interests to remain where he is. The matter is therefore out of our jurisdiction as we cannot consider a court decision.
8. The Court of Protection also appointed a Council Deputy to manage Mr U’s finances. Mrs U is unhappy with the appointment, as she says that the Deputy does not manage the finances in a way that is beneficial or fair to her. However, we cannot consider this as it was a court decision. If Mrs U feels that the Deputy is not managing the finances in a proper manner, she would need to complain to the Court of Protection.
9. Mrs U further complains about a police report which states that her daughter assaulted Mr U. She says that it is false, and that Mr U has assaulted her and her daughter many times. The Council has referred Mrs U to the police, and this is also my response. The Council is not responsible for the actions of the police force, so the matter is not in our jurisdiction.
10. Finally, Mrs U complains that she is not receiving Council services, although she is in need of them. Mrs U needs to ask the Council for a needs assessment. If she is dissatisfied with how it is carried out or feels the outcome is unfair, she can then complain to the Council, and after that, to the Ombudsman if she remains dissatisfied.

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Final decision

11. I cannot investigate this complaint. This is because the actions complained of are out of our jurisdiction.

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Investigator's decision on behalf of the Ombudsman