The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council responded to concerns about Mrs Y’s welfare. This is because Mrs Y does not have capacity to make a complaint or give consent for Mrs X to act on her behalf. Mrs X does not have any legal authority to act on Mrs X’s behalf.
The complaint
Mrs X complaints on behalf of her mother, Mrs Y. Mrs X says the Council has not properly responded to the family’s concerns about Mrs Y’s welfare.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
How I considered this complaint
I considered information provided by the complainant’s representative.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs Y does not have capacity to make a complaint or give consent to allow Mrs X to complain on her behalf. Mrs X does not hold Power of Attorney or any other legal authority to act on Mrs Y’s behalf.
Mrs X has raised concerns about the person who holds Power of Attorney for Mrs Y and says they are not acting in her best interests. This matter is being dealt with by the Court of Protection and until that process is concluded we cannot consider a complaint from Mrs X on behalf of Mrs Y.
Mrs Y has a mental health advocate. If Mrs X has concerns she may raise these with Mrs Y’s advocate who can make a complaint if they believe this is appropriate.
Final decision
We will not investigate Mrs X’s complaint because she does not have consent or legal authority to complain on behalf of Mrs Y.
Investigator's decision on behalf of the Ombudsman