Summary: We will not investigate this complaint about the Council’s actions towards Mr X when it carried out safeguarding enquiries relating to his mother. Mr X has raised part of the complaint with the court, which means we have no power to investigate it. Another part of the complaint is not about an administrative function of the Council and is a matter for the Parliamentary and Health Service Ombudsman instead.

The complaint

1. Mr X complained about:
1. an upheld safeguarding enquiry relating to allegations Mrs Y’s care home made about him. He said the Council ignored the evidence he provided; and
2. the care home having imposed visiting restrictions due to these allegations. He said his and his mother’s human rights were breached.
2. Mr X said these events caused significant distress for him and his mother. He wanted the Council’s safeguarding enquiry outcome quashed, his Lasting Power of Attorney to be respected and his mother moved out of the care home.

Back to top

The Ombudsman’s role and powers

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 complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).

Back to top

How I considered this complaint

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

Back to top

My assessment

Complaint a)

7. Part a) of the complaint relates to how the Council considered evidence Mr X provided when considering allegations Mrs Y’s care home made against him.
8. Mr X has more recently brought this matter to the attention of the Court of Protection during related proceedings. While the proceedings are not specifically to determine whether the Council acted fairly and without bias in its enquiry, Mr X told the court in his submissions that the Council did not consider the evidence he provided towards that enquiry.
9. We cannot consider what happens in court. This includes being unable to investigate the substance of any parties’ representations to the court, and information brought to the court’s attention during proceedings. We have no power in law to consider this part of the complaint.

Complaint b)

10. The ICB commissioned Mrs Y’s care at the care home. This means complaints about the actions of the care provider are outside our jurisdiction, because they are not an administrative function of the Council.
11. The Parliamentary and Health Service Ombudsman (PHSO) is the body that considers complaints about NHS services. It is open to Mr X to refer complaint b) to the PHSO for further consideration, however they may be similarly restricted due to court proceedings.

Back to top

Final decision

12. We will not investigate Mr X’s complaint because he raised part of his complaint in court and part of his complaint is not an administrative function of the Council.

Back to top

Investigator's decision on behalf of the Ombudsman