Summary: We will not investigate this complaint about the Council’s handling of Mr X’s mother’s care placement. He says the Council failed to find a care home for his mother that was nearer to her family. This is because the Court of Protection is best placed to consider the matter and it is reasonable for Mr X to take this to court.

The complaint

1. Mr X complains about the Council’s handling of his mother’s care placement. He says the Council failed to find a care home for his mother that was nearer to her family.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s mother, Mrs A, is currently in a care home. Mr X and his family wanted Mrs A to move in with one of her sons. The Court of Protection determined it was in Mrs A’s best interest to remain in a care home.
6. Mr X said the judge during the Court of Protection proceedings advised the Council to move Mrs A to a care home nearer to her family. Mr X says the Council failed to do this.
7. There is currently a dispute between the Council and Mrs A’s family regarding what is in her best interest. Mr X and his siblings want Mrs A to be moved to a care home that is nearer to them. They say this is in Mrs A’s best interest as then the family can visit her more.
8. The Council considers it is in Mrs A’s best interest to remain in her current care home. While it accepts Mrs A has been assessed as lacking capacity to make decisions regarding her care and support needs, she is able to express her wishes and feelings. The council said Mrs A had told her independent mental capacity advocate (IMCA) she wanted to stay in her current care home.
9. The Council has held a best interest meeting to decide Mrs A’s care placement. The records note there is a clear disagreement regarding what was in Mrs A’s best interest and that this was a matter that needed to go back to the Court of Protection to decide. The Council has sent the matter to its legal team.
10. Therefore, an investigation is not justified as the matter can only be resolved by the Court of Protection. The Ombudsman cannot make any recommendation regarding where Mrs A should live, and this is a matter that is best dealt with by the Court of Protection.
11. Further, I note Mr X is unhappy with some of the comments made by Mrs A’s IMCA in his report. However, the IMCA is not an employee of the Council and so the Council is not responsible for their actions. Therefore, we would not find fault with the Council for the actions of the IMCA.

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Final decision

12. We will not investigate Mr X’s complaint because the Court of Protection is best placed to consider the matter and it is reasonable for Mr X to take this to court.

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Investigator's decision on behalf of the Ombudsman