The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the care his mother, Mrs Z, receives. We do not accept Mr X as a suitable representative for Mrs Z.
The complaint
Mr X complains the Council failed to take appropriate action to safeguard his mother, Mrs Z.
He also complains about the Council’s decision that he has no legal standing to complain on Mrs Z’s behalf.
Mr X says that he has been caused significant distress by the Council’s inaction. He says this has led him to becoming dependant on alcohol. He says Mrs Z has also been neglected and caused unnecessary suffering. He would like the Council to apologise for the damage its actions have caused him and Mrs Z.
The Ombudsman’s role and powers
We may investigate a complaint on behalf of someone who cannot authorise someone to act for them. The complaint may be made by someone we consider to be suitable. (Local Government Act 1974, section 26A(2), as amended) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We must first decide whether Mr X is a suitable representative to complain about matters affecting Mrs Z. When considering this, we normally first consider whether the person complaining to us, or anyone else, has legal authority to act for the person they want to represent. Here, Mr X does not have power of attorney, deputyship or any similar legal authority to act for Mrs Z. However, another person, a professional advocate, has been appointed Mrs Z’s independent mental capacity advocate and relevant person’s representative (RPR). The RPR can act for some people who cannot make their own decisions and whose liberty is restricted (for example, by not being able to leave a care home).
As Mr X does not have legal authority to represent Mrs Z, and as the RPR does have that authority, I do not consider Mr X is a suitable representative to complain to us on behalf of his mother. The RPR can make such a complaint if they wish.
This means we shall not consider the complaint about matters affecting Mrs Z. And although I recognise Mr X has experienced frustration and distress because he cannot represent his mother, there is not enough evidence that this flows from fault by the Council to justify an investigation.
Final decision
We will not investigate Mr X’s complaint because we do not consider him to be a suitable representative.
Investigator's decision on behalf of the Ombudsman