The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint the Council did not meet his brothers, Mr Y’s care needs. That is because the Court of Protection has considered Mr Y’s care arrangements. We have no jurisdiction to investigate matters that have formed part of court proceedings.
The complaint
Mr X complained on behalf of his brother, Mr Y. He said the Council had failed to meet Mr Y’s care needs and had not acted in his best interests. He said the Council had prevented Mr Y from returning to the care of his family. He said the Council’s actions had caused significant distress and Mr Y’s wellbeing had deteriorated.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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
We cannot investigate Mr X’s complaint about the Council. That is because the Council applied to the Court of Protection to determine how Mr Y’s care needs should be met. Mr X was involved in those court proceedings. We have no jurisdiction to investigate matters that the courts have considered.
Final decision
We cannot investigate Mr X’s complaint because it is outside our jurisdiction. That is because the matters were considered by the Court of Protection.
Investigator's decision on behalf of the Ombudsman