The Ombudsman's final decision
Summary: Mrs X complains about the assessment and care provided to Mr Y and the subsequent charges for this. We have ended our investigation into this complaint because Mrs X is not an authorised representative of the person affected by the Council’s actions.
The complaint
The complainant, whom I shall refer to as Mrs X, complains on behalf of her uncle, Mr Y.
The Ombudsman’s role and powers
We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended) Mr Y has not given his consent for this investigation.
If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I considered information from the Complainant and from the Council.
I sent both parties a copy of my draft decision for comment and took account of the comments I received in response.
What I found
We understood at the beginning of this investigation that Mr Y did not have capacity to decide about his own care and living arrangements. However, the Council has provided evidence that Mr Y does have capacity to make these decisions and is not happy for this complaint to continue. I will therefore not investigate this case further as the person complaining is not an authorised representative of the person affected by the Council’s actions.
Final decision
I have discontinued my investigation.
Investigator's decision on behalf of the Ombudsman