Summary: We will not investigate this late complaint about information Council employees gave in Court of Protection proceedings about Mr X’s late mother in 2022. The law prevents us from investigating complaints about what happened in court.

The complaint

1. Mr X complains the Council has failed to investigate his concerns properly. He alleges Council employees submitted false information in 2022 Court of Protection proceedings about his late mother. Mr X wants the Council to admit its guilt.

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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 cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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Final decision

7. We will not investigate Mr X’s complaint because it relates to matters that occurred during court proceedings. The law prevents us from investigating complaints about what happened in court, including what information councils provide during those proceedings.

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Investigator's decision on behalf of the Ombudsman