Summary: We will not investigate Ms X’s complaint about the Council’s actions in relation to the continuing care needs of a family member. This is because this is now being considered by the Court of Protection.

The complaint

1. Ms X complains about the Council’s actions in relation to the continuing care needs of a family member. Ms X says she is excluded from the member of her family because of the care and service being provided by the Council.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X made a complaint to the Council under its councillor conduct complaints process in June 2024. The complaint centred around the overall service Ms X was receiving about the care for a family member.
6. The Council explained, as Ms X had not referenced an individual in her complaint, it could not investigate this. The councillor conduct process works to consider the conduct of an individual who represents the council, while carrying out a council role and or business. Its refusal to investigate is in line with this process.
7. The Council has since confirmed the matter has been referred to the Court of Protection.
8. Although Ms X is unhappy with the response and service provided by the Council, I will not investigate this. This is because the matters have or could reasonably be raised in legal proceedings on a closely related matter.

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Final decision

9. We will not investigate Ms X’s complaint because the matters have or could reasonably be raised in legal proceedings on a closely related matter.

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Investigator's decision on behalf of the Ombudsman