Summary: We will not investigate this complaint about Ms X’s father’s care. This is because she has already started court proceedings about this matter.

The complaint

1. Ms X complains the Council has failed to protect her father from being exploited my another family member. Ms X says the Council has provided unhelpful and misleading reports about her father’s wishes and what has happened. Ms X says her father is trapped in a care home until the situation is resolved.

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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. 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)
4. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Court of Protection can resolve disputes about a person’s capacity to make decisions as well as who can make decisions on their behalf and what decisions are in their best interests.
8. Ms X has started proceedings in the Court of Protection due to disagreements about her father’s best interests with the Council and other family members.
9. As Ms X has already started proceedings in court we cannot investigate this complaint.

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Final decision

10. We will not investigate Ms X’s complaint because she has already started court proceedings about this matter.

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Investigator's decision on behalf of the Ombudsman