Summary: We cannot investigate this complaint where Mr X’s relative should live because this will be determined in court. Also, there is not enough evidence of fault in the Council’s response to Mr X’s safeguarding concerns to justify investigating.

The complaint

1. In summary, Mr X complains his relative is being kept in a care home against their wishes. He would like the Council to allow the relative to live with their family.
2. He also raises various concerns about the care provided to his relative in a care home concerning lack of social interaction, insufficient medical attention and unclean clothing.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

8. The Ombudsman cannot consider Mr X’s complaint about where his relative should live as this decision is subject to legal proceedings. We have no remit to investigate. Mr X can seek advice about making his views known to the court.
9. The Council says it is currently investigating Mr X’s care concerns under its safeguarding procedures and will let him know the outcome when complete. As the Council has not finalised its investigation it is unlikely an Ombudsman investigation would find evidence of fault.

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Final decision

10. We will not investigate Mr X’s complaint because we cannot investigate issues subject to court proceedings. Plus, we are unlikely to find evidence to justify investigating Mr X’s safeguarding concerns in the absence of a completed safeguarding investigation..

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Investigator's decision on behalf of the Ombudsman