The Ombudsman's final decision
Summary: We will not investigate this complaint about Mr X’s contact with his mother. The matters he complains about are subject to court proceedings and only the court can make a decision.
The complaint
Mr X complained the Council has denied him contact with his mother, and refused to tell him where she is. This has caused him distress. He wants the Council to tell him where his mother is and allow a capacity assessment of his mother so she can make a decision herself about contact.
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 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.
My assessment
The Council moved Mr X’s mother to a new placement and applied to court for it to make decisions about where she lives and her contact with Mr X. The court will assess Mr X’s mother’s mental capacity as part of this process and make decisions in her best interests if she cannot make them herself.
We cannot investigate a complaint about the start of court action or what happens in court, which means we cannot investigate matters that are considered by the court in coming to its decision. The Council’s actions are directly relevant to the court’s decision.
We could not achieve the outcomes Mr X seeks, as it is the court, and not the Council or the Ombudsman, that can make decisions about Mr X’s mother’s residence and contact with Mr X if she cannot make them herself.
Final decision
We will not investigate Mr X’s complaint because it is about matters that are before the courts.
Investigator's decision on behalf of the Ombudsman