Summary: We cannot investigate Mr X’s complaint about the Council failing to safeguard his sister from abuse. This is because Mr X has taken legal action and the law prevents us from investigating matters which are being considered by the courts.

The complaint

1. Mr X complained the Council failed to protect his sister, Miss Y, who has a learning disability, from abuse. Mr X said his sister is not safe from abuse where she currently resides. He said the matter has caused him and his father distress. He wants the Council to relocate his sister to another environment which is safe for her.

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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 have the power to start or end an investigation into a complaint about actions the law allows us to investigate. 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 Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has told us Mr X’s complaint relates to matters which are now being considered by the Court of Protection. We cannot investigate Mr X’s complaint because it is not in our jurisdiction, as outlined in paragraphs three and four of this decision statement.

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Final decision

8. We cannot investigate Mr X’s complaint because the law prevents us from investigating matters which are being considered by the courts.

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Investigator's decision on behalf of the Ombudsman