Summary: We cannot investigate this complaint about the Council’s action in connection with legal proceedings in the Court of Protection. This is because we have no remit to investigate.

The complaint

1. Miss X says she is being bullied by council staff who have wrongly referred her case to the Court of Protection. She complains about inaccurate assessments being used for the court action.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

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

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My assessment

4. The Court of Protection deals with decision-making for adults who may lack the capacity to make specific decisions for themselves. It may need to become involved in difficult cases or cases where there is disagreement which cannot be resolved in any other way.
5. Miss X complains about Council actions, decisions and assessments in connection with matters being considered by the Court of Protection. Miss X says the Council has told lies about her and the assessments are incorrect.
6. We cannot investigate matters related to legal proceedings including assessments to be used in court so we cannot investigate. Miss X can raise her concerns to the Court.

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Investigator's decision on behalf of the Ombudsman