Summary: We cannot investigate Mr X’s complaint about its decisions concerning his relative’s (Mr Y’s) finances or its assessments about Mr Y’s care and support needs. This is because it does not meet the tests set out in our Assessment Code. Mr X’s complaints have been determined by the Court of Protection and we have no powers to investigate.

The complaint

1. Mr X complains his relative, Mr Y, wishes to return home to live with him but the Council is not acting in their best interests.
2. Mr X complains he has no access to his inheritance left jointly to him and Mr Y by another relative.
3. Mr X says the Council has unfairly scapegoated him for events that were not his fault.

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The Ombudsman’s role and powers

4. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
5. 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)

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How I considered this complaint

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

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My assessment

Legal background

Court of Protection

8. The Court of Protection deals with decision-making for adults who may lack capacity to make specific decisions for themselves. The Court of Protection may need to become involved in difficult cases or cases where there is disagreement which cannot be resolved in any other way. The Court of Protection:

• decides whether a person has capacity to make a particular decision for themselves;
• makes declarations, decisions or orders on financial or welfare matters affecting people who lack capacity to make such decisions;
• appoints deputies to make decisions for people lacking capacity to make those decision.

Court-appointed Deputies

9. The Court of Protection may appoint a deputy to make decisions for a person. It will also say what decisions the deputy has the authority to make on the person’s behalf.
10. The Council’s complaints response explains:
1. that Mr Y’s Deputy for finance and property, Mr Y’s Care Provider and also the Council had serious concerns about Mr X’s conduct towards Mr Y.
2. a referral was made to the Court of Protection which issued orders on Mr Y’s long term care. It also prevents Mr X from having contact with Mr Y.
3. Mr X was aware of the court’s considerations and did not submit his concerns to vary or discharge the orders.
4. the Council has no control over Mr Y’s finances plus no inheritance was left to Mr X.
5. Mr Y has a Court-appointed Deputy to make decisions about his finances/ property. The Council says it can consider options around Mr X’s possible contact with Mr Y in future but not until Mr Y’s private property interests are settled in court.
11. I consider Mr X’s complaint issues are matters that have already been determined by the Court of Protection and are outside the Council’s control (such as Mr Y’s property and finances). So, we cannot investigate.

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Final decision

12. We cannot investigate Mr X’s complaint because it has been decided in court.

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Investigator's decision on behalf of the Ombudsman