The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the way the Council treated Mr and Mrs Y when they took Mr Z back to their home during the Covid19 pandemic. This is because further investigation by the Ombudsman could not add to the Council’s investigation and we cannot investigate matters that have been to court.
The complaint
Mr X complains on behalf of his parents, Mr and Mrs Y, about the way the Council treated them when they took their son, Mr Z, back to Mr and Mrs Y’s home at the start of the Covid19 pandemic. Mr X complains the Council did not communicate appropriately with regards to the Council taking the case to the Court of Protection (CoP). Mr X complains that unfounded allegations were made about Mr and Mrs Y and there was a lack of management oversight throughout this matter. Mr X feels the blame has been placed on a worker who has since left the Council. Mr X would like the Council to recognise the significant failings throughout this process, ensure the truth of this matter is concluded and that individuals are held responsible for their actions where appropriate.
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) The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide: we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
The complainant had an opportunity to comment on my draft decision.
My assessment
The Council began proceedings to the CoP to amend a court order regarding Mr Z’s best interest about where he lives and his housing benefit, without clear explanation and engagement with Mr and Mrs Y. Following the Council’s investigation, the Council explained it has a duty to inform the court that Mr Z had been moved. The Council acknowledged it had responsibility for Mr Z’s housing benefit and tenancy and apologised that Mr and Mrs Y were challenged on this point when applying for a court order. Court proceedings are out of the Ombudsman’s jurisdiction.
The Council acknowledged staff did not communicate effectively or considerately with Mr and Mrs Y over unfounded allegations and upheld this element of their complaint. Mr X feels that the blame for this matter has been placed on a worker who has since left the Council and does not hold to account managers responsible for the oversight of staff. The Council has investigated and confirmed that internal guidance has been updated, confirming team managers are to be informed when CoP proceedings commence, and team managers need to sign off CoP statements for contested cases. The Council has apologised to Mr and Mrs Y for its failings in this case.
It is understandable that Mr and Mrs Y are upset at the way they were treated by a staff member. However, the Ombudsman cannot investigate individuals within the organisation or discipline staff. Whilst it would have been good practice for managers to have had an oversight of CoP cases at the time, the Council has confirmed it has now implemented this as a procedure to minimise the risk of a similar occurrence happening again and apologised for its failings. Further investigation by the Ombudsman could not achieve any more than this.
Final decision
We will not investigate this complaint. This is because we could not add to the Council’s investigation or provide a different outcome and we cannot investigate matters that have been to court.
Investigator's decision on behalf of the Ombudsman