Summary: We cannot investigate Miss X’s complaint alleging the Council provided information to the Office of the Public Guardian without her consent. This is because it concerns matters currently before the court.

The complaint

1. Miss X complains the Council sent safeguarding documents to the Office of the Public Guardian (OPG) without her consent. She says she has concerns about the way safeguarding referrals are completed labelling relatives as abusers without giving relatives any right to respond.
2. Miss X wants the Ombudsman to examine the fairness of this practice and review ‘prejudicial’ language used in the OPG referral form

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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 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 the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has declined to investigate Miss X’s complaint as it says it concerns matters relating to ongoing proceedings in the Court of Protection (CoP).
8. We cannot investigate. Miss X’s complaint as it concerns matters already subject to ongoing court action. We have no remit to investigate issues already being considered by the courts or if they form part of those proceedings.

9. I have considered if there are any stand-alone issues. But Miss X’s substantive issues centre the validity of safeguarding allegations, allegations of abuse, identify of the referring officer, status of the power of attorney and so on, which are being considered by the CoP. So, we cannot investigate.

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Final decision

10. We will not investigate Miss X’s complaint because it concerns ongoing legal proceedings.

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Investigator's decision on behalf of the Ombudsman