Summary: We will not investigate Mr X’s complaint about the Council’s application to the Court of Protection and appointment as deputy for his relative. This is because we cannot investigate complaints about court action.

The complaint

1. Mr X complained the Council had taken over his relative’s finances and had not consulted Mr X before doing so. Mr X said he was his relative’s advocate. Mr X said his relative wanted to control their own finances and Mr X wanted an explanation of the basis of the Council’s application. Mr X also complained the family had asked for funds to purchase a new bed for his relative, but the Council did not provide funds for 10 weeks, after several telephone calls.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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:

• there is not enough evidence of fault to justify investigating, 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

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

Appointment as deputy

7. The Council applied to the Court of Protection and was appointed as deputy for Mr X’s relative. Mr X said his relative wanted to control their own finances. In its complaint response, the Council said Mr X would need to raise his concerns with the Office for the Public Guardian.
8. We cannot investigate Mr X’s complaint about the Council’s application because the law says we cannot investigate complaints about court action.

Consultation before making the application

9. Mr X also complained he had not been consulted. In its complaint response, the Council explained that Mr X did not have a formal, legal appointment so it was not required to consult him.
10. Mr X was aware the Council had been appointed as deputy in January 2023. He complained to the Council in May 2024 and to us in June 2024. We usually expect people to complain to us within 12 months of having notice of the events or issue they are complaining about. This is because it is difficult to establish what happened or achieve a worthwhile outcome when a complaint is late.
11. In any event, Mr X does not have legal authority to act on behalf of his relative, such as having a Lasting Power of Attorney, which would require the Council to consult with him before making a court application. Therefore, there is insufficient evidence of fault to justify our involvement so we will not consider this part of the complaint further.

Council acting as deputy

12. Mr X said the Council delayed providing funds for a new bed for his relative and that the family had to make several phone calls before it did so.
13. The Office of the Public Guardian (OPG) has supervisory powers over deputies and complaints about how the Council is carrying out its duties as deputy should be raised with the OPG in the first instance. We will not investigate this part of the complaint because there is another body better placed to do so.

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Final decision

14. We will not investigate Mr X’s complaint because we cannot investigate complaints about court action, there is insufficient evidence of fault in respect of the complaint about a lack of consultation, and there is another body better placed to consider the complaint about how the Council is exercising its powers.

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Investigator's decision on behalf of the Ombudsman