The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the care of the her adult daughter, Ms Z. This is because we do not consider that Mrs X is a suitable representative to act on behalf of Ms Z.
The complaint
Mrs X complains about the Council’s involvement in court proceedings about the welfare of her adult daughter Ms Z.
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 may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended) 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms Z lacks capacity and decisions about her welfare have been made by the Court of Protection. A long-term injunction is in place preventing Mrs X from contacting Ms Z.
I will not investigate Mrs X’s complaint because I do not consider her to be suitable to represent Ms Z. Mrs X does not have power of attorney, deputyship or any similar legal authority to act for Ms Z and there is an injunction preventing Mrs X from contacting Ms Z.
Even if Mrs X was considered to be a suitable representative for Ms Z, we could not consider this complaint. This is because the law prevents us from considering complaints about the start of court proceedings or what happened in court.
Final decision
We will not investigate Mrs X’s complaint because we do not consider her suitable to represent Ms Z.
Investigator's decision on behalf of the Ombudsman