Mental Capacity LGO Archives - Centre for Adults' Social Care - Analysis, Information and Dispute Resolution

Kent County Council found at fault for retaining a client’s keys and other belongings under its property protection function, despite his regaining of mental capacity

Date of decision: 14 August 2025 Summary A client complained about Kent Council’s response when he was admitted to hospital and the handling of his personal belongings, including delays returning them and communicating with him and his representative. The complaint also raised concerns about staff identification during care home visits and lengthy delays in the […]

Kent County Council found at fault for retaining a client’s keys and other belongings under its property protection function, despite his regaining of mental capacity Read More »

Worcestershire County Council failed to involve a family in incapacity assessments and best interests decision-making

Date of decision: 24 July 2025 SummaryA man Mr X complained that the Council failed to involve his family when deciding his adult brother with a learning disability could not manage his finances, referring him to an unsuitable third-party service. The man later uncovered financial concerns and struggled to restore his brother’s benefits after the

Worcestershire County Council failed to involve a family in incapacity assessments and best interests decision-making Read More »

Wiltshire Council was not at fault for delaying a vulnerable adult’s move, until a finance deputyship was in place

Leave a Comment / How the Mental Capacity Act affects the Care Act, Intro to Ombudsman reports RE mental capacity and best interests decision-making, Intro to Ombudsman reports RE Not at Fault, Mental Capacity LGO, Not at Fault LGO, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights / Aidan Miller

Date of decision: 31 August 2025 SummaryA daughter complained that Wiltshire Council delayed moving her mother from a care home after she was assessed as not needing residential care, causing extra care costs because of the difference in the financial assessment rules. What HappenedIn October 2023, Ms X was admitted to hospital after hallucinations linked

Wiltshire Council was not at fault for delaying a vulnerable adult’s move, until a finance deputyship was in place Read More »

Haringey at fault for delaying the cessation of a mentally incapacitated tenant’s lease after taking a year to apply to the Court of Protection and effectively blocking the landlord’s property sale

Leave a Comment / Housing LGO, How housing rights fit in with the Care Act, How the Mental Capacity Act affects the Care Act, Intro to Ombudsman reports RE mental capacity and best interests decision-making, Intro to Ombudsman reports RE the interface between Housing and Care, Mental Capacity LGO / Aidan Miller

Date of decision: 12 May 2025 Summary A private landlord complained that the Council took far too long to end the tenancy of a vulnerable adult who had lost capacity, causing significant inconvenience and preventing the landlord from selling the property. The Council’s delay in applying to the Court of Protection did not result in

Haringey at fault for delaying the cessation of a mentally incapacitated tenant’s lease after taking a year to apply to the Court of Protection and effectively blocking the landlord’s property sale Read More »

Northumberland County Council acting as deputy failed to tell a deceased person’s executor that it held funds and regarded charges as taking priority over funeral expenses

Leave a Comment / How the Care Act fits in with the Mental Health Act (and s117 aftercare), Intro to Ombudsman reports RE the interface between Care Act rights and the Mental Health Act, Mental Capacity LGO / Aidan Miller

Date of decision: 29 April 2026 Summary A woman complained that the Council held money belonging to her late husband without telling her, which meant she had to borrow to pay for his funeral. The Ombudsman found the Council at fault for failing to clearly inform her, as executor, about the funds it held and

Northumberland County Council acting as deputy failed to tell a deceased person’s executor that it held funds and regarded charges as taking priority over funeral expenses Read More »

Central Bedfordshire Council avoided full investigation, based on the Ombudsman’s agreement with its finding of capacity, regarding a person who had once had deputyship

Leave a Comment / How the Mental Capacity Act affects the Care Act, Intro to Ombudsman decisions about Complaints not investigated, Intro to Ombudsman reports RE mental capacity and best interests decision-making, Mental Capacity LGO, Not Investigated LGO, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights / Aidan Miller

Date of decision: 28 April 2026 SummaryAn adult woman with mental health needs and a learning disability had had a long‑standing financial Deputyship in place, which was ended after a community mental health team assessment decided she could manage her own money. What happenedThe woman, Ms Y, had mental health needs and a learning disability,

Central Bedfordshire Council avoided full investigation, based on the Ombudsman’s agreement with its finding of capacity, regarding a person who had once had deputyship Read More »

Birmingham City Council criticised for leaving a woman without any access to her Personal Expenses Allowance, for want of a deputyship application

Date of decision: 08 July 2025 SummaryA vulnerable woman with dementia in residential care had no access to her Personal Expense Allowance from her benefits and pension for nearly four years because Birmingham City Council failed to put even an appointee in place. She relied on staff charity for essentials. What happenedIn 2020 a woman

Birmingham City Council criticised for leaving a woman without any access to her Personal Expenses Allowance, for want of a deputyship application Read More »

West Sussex at fault in failing to provide clear information about the effect of a DoLS authorisation

Leave a Comment / How the Mental Capacity Act affects the Care Act, Intro to Ombudsman reports RE mental capacity and best interests decision-making, Mental Capacity LGO / Aidan Miller

Date of decision: 06 April 2026 SummaryThis report concerns an elderly man who went into a care home for a short, self-funded respite stay, but remained there for longer and incurred extra fees because his family believed he was not free to leave once a Deprivation of Liberty Safeguards (DoLS) authorisation was in place. The

West Sussex at fault in failing to provide clear information about the effect of a DoLS authorisation Read More »

Birmingham City Council upheld in refusing to facilitate contact between a parent and an adult disabled person, now living in supported accommodation after ceasing to be fostered

Leave a Comment / How the Mental Capacity Act affects the Care Act, Intro to Ombudsman reports RE mental capacity and best interests decision-making, Intro to Ombudsman reports RE Not at Fault, Intro to Ombudsman reports RE Supported Living, Mental Capacity LGO, Not at Fault LGO, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Supported Living and Care, Supported Living LGO / Aidan Miller

Date of decision: 23 February 2026 SummaryA mother complained that Birmingham Council delayed and then wrongly refused her request to have contact with her adult child, who had long been in care and now lives in supported accommodation. What happenedThe complainant, Ms X, has an adult child, Y, who was placed in long‑term foster care

Birmingham City Council upheld in refusing to facilitate contact between a parent and an adult disabled person, now living in supported accommodation after ceasing to be fostered Read More »

West Northamptonshire Council exonerated for conscientiously refusing to fund care from a person’s relatives living in the same household, due to safety concerns

Leave a Comment / Care Planning, Budgets and Choice Rights, Care Plans and Cuts LGO, Carer LGO, Direct Payments and Personal Health Budgets, Direct Payments LGO, How the Mental Capacity Act affects the Care Act, Intro to Ombudsman reports RE care planning, and personal budgets, Intro to Ombudsman reports RE Direct Payments, Intro to Ombudsman reports RE mental capacity and best interests decision-making, Intro to Ombudsman reports RE the position of informal carers, Mental Capacity LGO, The rights of carers, in relation to health and social care services and support / Aidan Miller

Date of decision: 16 March 2026 Summary A disabled young man’s mother complained that the Council failed to implement an agreed 70‑hour weekly care package after her son transitioned to Adult Social Care, and refused to fund her, her husband and her son’s uncle as Personal Assistants. The Ombudsman found no fault in the Council’s

West Northamptonshire Council exonerated for conscientiously refusing to fund care from a person’s relatives living in the same household, due to safety concerns Read More »