The Ombudsman's final decision
Summary: We cannot investigate Mr B’s complaint about the Council charging the late Mr C for his care. This is because the matters complained about have been considered by a court.
The complaint
Mr B says the Council should not charge his late father, Mr C, for his care because it should have been provided free of charge under Section 3 of the Mental Health Act s117 aftercare.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate Mr B’s complaint because payment for Mr C’s care has been considered in a court.
Investigator's decision on behalf of the Ombudsman