Summary: We will not investigate Ms X’s complaint about the care and support provided to her daughter, Miss Y, by Cornwall Council and Cornwall Partnership NHS Foundation Trust. This is because the courts are currently considering these matters. Ms X can return to us at the conclusion of the legal process if she remains dissatisfied and we will consider whether there is any further action for us to take.

The complaint

1. The complainant, Ms X, is complaining about the care and support provided to her daughter, Miss Y, by Cornwall Council (the Council) and Cornwall Partnership NHS Foundation Trust (the Trust). Ms X complains that the Council and Trust failed to properly assess Miss Y’s complex needs or provide care to meet them. In addition, Ms X says the Council did not place Miss Y in suitable accommodation.
2. Ms X says these failings have led to a significant deterioration in Miss Y’s physical and mental health. Ms X would like the Council and Trust to take appropriate action to prevent similar problems occurring in future. She would also like the Council to reimburse her for costs she has incurred as a result of its failure to provide Miss Y with proper care.

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The Ombudsmen’s role and powers

3. The Local Government and Social Care Ombudsman and Health Service Ombudsman have the power to jointly consider complaints about health and social care. (Local Government Act 1974, section 33ZA, as amended, and Health Service Commissioners Act 1993, section 18ZA).
4. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint.

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How I considered this complaint

5. I considered information provided by the Council and Trust. I also reviewed the information Ms X provided and discussed the complaint with her. Further, I considered relevant legislation, policy and guidance.

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What I found

6. Miss Y has complex care needs. She is under the care of the Council’s Adult Social Care team and the Trust’s Learning Disabilities Team.
7. Miss Y is presently waiting to move into Council accommodation.
8. In her complaint to the Ombudsmen, Ms X says the Council and Trust have failed to properly assess Miss Y’s needs and provide appropriate care to meet them. She says this resulted in Miss Y receiving an eviction notice in her current property. In addition, Ms X says the Council has not effectively handled Miss Y’s move to new accommodation.
9. In her correspondence with the Ombudsmen, Ms X explained that she has now initiated legal proceedings to secure appropriate accommodation and care for Miss Y.
10. The Ombudsmen are unable to investigate a complaint for which a person has chosen to pursue a legal resolution. This is because we cannot trespass upon the jurisdiction of the courts.
11. I have therefore closed Ms X’s complaint pending the resolution of the court proceedings.
12. It is open to Ms X to return to the Ombudsmen once the legal process has concluded. We will then consider whether there is any further action we can take.

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Decision

13. We will not investigate Ms X’s complaint. This is because the matters she is complaining about are currently being considered by the courts. However, Ms X can return to the Ombudsmen once this process is concluded and we will consider her complaint again.

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Investigator's decision on behalf of the Ombudsman