Summary: We cannot investigate this complaint about the Council’s decision making relating to Ms Y’s care package and the resultant charges. This is because the substance of Mrs X’s complaint has already been decided by a Court and the law prevents us from investigating in this instance.

The complaint

1. Mrs X complained on behalf of her deceased mother (Ms Y), because she believed the Council should have identified Ms Y was eligible for continuing health care (CHC), provided by the NHS. Mrs X said if the Council had decided this, Ms Y’s estate would not have had to pay for care charges, and this has been to her financial detriment.

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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)

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How I considered this complaint

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

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My assessment

6. Mrs X said when the Council assessed Ms Y in 2019, it should have identified she was eligible for CHC. Mrs X said because this did not happen, Ms Y was then liable for the costs of her care and support package.
7. The Council provided information a Court made a judgement about this matter and decided in its favour.
8. Because the matters relate to issues that were considered as part of court proceedings, the law does not allow us to investigate Mrs X’s complaint. This includes the decision by the Council to initiate proceedings to recover outstanding fees.

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Final decision

9. We cannot investigate Mrs X’s complaint because the law prevents us from investigating.

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Investigator's decision on behalf of the Ombudsman