The Ombudsman's final decision
Summary: Miss Y complains on behalf of her mother, Ms Z, about her experiences in a residential care home. We have discontinued our investigation into Miss Y’s complaint because we do not consider she is a suitable representative for the complaint made.
The complaint
Miss Y complains about the quality of the care provided to her mother, Ms Z, whilst living in a residential care home. In particular, she says: the home failed to provide appropriate personal care to Ms Z; the home failed to prevent other residents from entering Ms Z’s room and interfering with her belongings; the home provided a poor standard of food with no alternative meal options; the flooring in Ms Z’s en-suite bathroom was unsafe and the bathroom had a leaking sink; the shower rooms were cold and dirty; the home served notice for Ms Z to leave to the Council, rather than to her; the Council has not provided a suitable alternative placement; and the Council did not provide appropriate adaptations or equipment while Ms Z stayed with her.
The Ombudsman’s role and powers
It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) 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
Before making this decision, I made enquiries of the Council and considered its response. I also discussed the complaint with Miss Y.
I considered the Ombudsman’s internal guidance about representatives and how to consider their suitability to bring the complaint on behalf of the person affected.
Miss Y and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Ms Z received a diagnosis of dementia during the COVID-19 pandemic. Her family applied for Lasting Power of Attorney (LPA) which was registered when Ms Z was deemed to have lost mental capacity. Miss Y and Ms Z’s granddaughter acted as joint LPAs for decisions relating to her finances, health and welfare.
Ms Z lived in supported accommodation but moved to a residential care home for a short period in 2023. Ms Z left the care home and went to live with Miss Y before moving back to her previous accommodation.
At the time of making her complaint to the Ombudsman, Miss Y had LPA for Ms Z. In recent months the family’s circumstances have changed and Miss Y has applied to revoke her status as LPA.
The Council has also informed the Ombudsman that it recently assessed Ms Z’s mental capacity. This concluded that Ms Z now has capacity to make decisions about her financial affairs.
The Council has also informed the Ombudsman that Ms Z does not currently have contact with Miss Y. The Council does not believe that Ms Z is aware of the complaint made by Miss Y.
If we accept that the person affected either lacks capacity to consent or is unable to consent for another reason, we need to decide if the representative is suitable. We should consider all the relevant circumstances to make a rounded decision on the balance of probabilities. For example, we may consider: if there is evidence to suggest the representative has been involved in the person’s life, decision making and complaints.
do they hold LPA or other authority to act?
are there other family members or representatives who seek to represent the person, or would be more appropriate?
is there any evidence to suggest the person would not or did not want the representative to act for them?
We have discontinued the investigation into this complaint because we do not consider that Miss Y is an appropriate representative for Ms Z. This is because Ms Z’s mental capacity has recently been re-assessed, she has no knowledge of this complaint and does not currently have contact with Miss Y. On the balance of probabilities, we consider it more likely than not that Ms Z would not consent for Miss Y to bring a complaint on her behalf.
Final decision
We have discontinued our investigation because Miss Y is not considered a suitable person or representative to being this complaint on Ms Z’s behalf.
Investigator's decision on behalf of the Ombudsman