Source · LGO (Local Government & Social Care Ombudsman)

Hertfordshire County Council

LGO (Local Government & Social Care Ombudsman) Other Reference 21-016-154 Sector Adult Care Services Category Residential Care Decided 03 May 2022

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Full decision

The Ombudsman's final decision

Summary: We will not investigate this complaint about the Council’s decision to apply to court for deputyship for Mr Z. We cannot investigate a complaint about the start of court action and it is open to the family to contest the application via the courts.

The complaint

Miss X complains on behalf of her partner, Mr X, that the Council has not been fair to Mr X and has not supported the family dynamics. It has wrongly intervened by applying to the Court of Protection for deputyship for Mr X’s father, Mr Z. The Council refused to consider Miss X’s complaint on Mr X’s behalf. Miss X says she has experienced significant distress. She wants a new social worker to be allocated and for the Council to stop intervening.

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.

My assessment

Miss X complained to the Council because it had applied to the Court of Protection to become deputy for Mr Z’s finances, despite Miss X’s partner, Mr X, having applied for Power of Attorney.

It is open to the family to object to the Council’s application by telling the court they want to contest it. We cannot investigate a complaint about the Council’s decision to begin court action.

Final decision

We will not investigate Miss X’s complaint because it is about the start of court action.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

Other decisions involving Hertfordshire County Council

Reference Date Summary Outcome
25-008-173 Not Upheld
25-002-954 Upheld
25-007-340 Upheld
25-015-827 Other
25-013-302 Other
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