Summary: We will not investigate this complaint about the Council’s handling of safeguarding concerns relating to the complainant’s son. This is because the matters relate to care arrangements decided in ongoing court proceedings, and it would therefore be reasonable for Ms X to raise her concerns in court.

The complaint

1. Ms X says the Council has failed to take action in response to her safeguarding concerns regarding her adult son, Mr Y. She also says the Council has breached court orders in relation to her son’s care, which has caused her distress.

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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 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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X’s complaint relates to matters that have been considered in the Court of Protection and are subject to live proceedings. If Ms X is unhappy with the Council’s response to her safeguarding concerns and believes it is in breach of the court order, she could reasonably raise the matter to the Court of Protection.
8. If Ms X still has concerns once court action has ended, she may raise a new complaint with the Ombudsman about nay matters which are separate from those considered in court.

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Final decision

9. We will not investigate Ms X’s complaint because the matters raised are subject to live court proceedings, and it would be reasonable for her to raise the issues as part of these proceedings.

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Investigator's decision on behalf of the Ombudsman