Summary: We will not investigate this complaint about how best to meet a person’s adult social care needs. The Court of Protection is better placed to settle a dispute.

The complaint

1. Ms B says the Council is failing to properly meet her relative, Mr C’s, adult social care needs.

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The Ombudsman’s role and powers

2. We investigate 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 continue 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
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. The Council is responsible to meet Mr C’s adult social care needs. Ms B wants the Council to provide a specific placement, but the Council is satisfied the current care plan meets Mr C’s assessed eligible needs.
6. The Ombudsman cannot settle this dispute. We are told Mr C does not have capacity to decide his care arrangements, so Ms B could ask the Court of Protection to decide how the Council should meet Mr C’s needs.

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Final decision

7. We will not investigate Ms B’s complaint because we cannot achieve a worthwhile outcome, and the Court of Protection is better placed to consider the issue.

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Investigator's decision on behalf of the Ombudsman