Summary: We cannot investigate Mrs X’s complaint about the Council’s involvement with her adult child’s residential placement. The law prevents us from investigating anything that has or is the subject of court proceedings.

The complaint

1. Mrs X complains about the Council’s handling of safeguarding enquiries which she believes have led to her adult child, Y, being moved to a residential placement further away from the family home. Mrs X says this action means she is no longer able to visit Y as often which causes significant distress. Mrs X wants the Council to remove the restrictions on her contact with Y as she believes there are no safeguarding concerns.

Back to top

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)
3. 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. We cannot investigate this complaint because the Court of Protection made the decision about Y’s residential placement when they moved out of their family home. The Council was not responsible for the decisions around the location of Y’s current residential placement because the NHS Integrated Care Board (ICB) funds and commissions Y’s care. The Court of Protection confirmed the ICB’s choice of new residential placement for Y. It appears Mrs X was a party to these court proceedings and therefore should have raised any objections or concerns with the Court.
7. We cannot investigate because the law places an absolute and permanent bar on us looking at anything that has been considered by court. We have no jurisdiction to intervene or replace the court’s decision with our own.

Back to top

Final decision

8. We cannot investigate Mrs X’s complaint because the law prevents us from investigating anything that has or is the subject of court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman