Summary: We cannot investigate Mr X’s complaint that the Care Provider has failed to refund his mother’s care home fees following her death. The complaint lies outside our jurisdiction because Mr X has started court action about the matter.

The complaint

1. The complainant, Mr X, complains the Care Provider has failed to refund his mother’s care home fees following her death.

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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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X complains the Care Provider has not refunded his mother’s care home fees following her death.
7. Mr X has started court action against the Care Provider.
8. We cannot investigate Mr X’s complaint. This is because Mr X has started court action about the matter. This removes the complaint from our jurisdiction and we cannot consider it.

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Final decision

9. We cannot investigate Mr X’s complaint because he has started court action about the matter.

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Investigator's decision on behalf of the Ombudsman