Summary: We will discontinue our investigation into Ms A’s complaint. The Office of the Public Guardian is currently investigating concerns about Ms A acting as her daughter’s lasting power of attorney. We cannot say Ms A is a suitable representative for her daughter.

The complaint

1. Ms A complains that Barnet, Enfield & Haringey Mental Health NHS Trust (the Trust) did not provide appropriate section 117 aftercare to her daughter. Also, the Trust did not transfer the responsibility of her daughter’s section 117 aftercare when the family moved out the area. That meant her daughter did not receive her mental health medication. That led to her daughter being detained under the Mental Health Act in the new area.

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The Ombudsmen’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Health Service Commissioners Act 1993, section 3(1E(2)) and Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. If the Ombudsmen are satisfied with the actions or proposed actions of the bodies that are the subject of the complaint, they can complete their investigation and issue a decision statement. (Health Service Commissioners Act 1993, section 18ZA and Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I have discussed this complaint with Ms A and considered the documents she sent to me. Ms A had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

5. London Borough of Enfield (the Council) and North Central London Clinical Commissioning Group (the CCG) hold the joint statutory responsibility for section 117 aftercare in Enfield.
6. The Mental Capacity Act 2005 introduced the “Lasting Power of Attorney (LPA)”, which replaced the Enduring Power of Attorney. An LPA is a legal document, which allows people to choose one person (or several) to make decisions about their health and welfare and/or their finances and property, for when they become unable to do so for themselves. The attorney is the person chosen to make a decision, which has to be in the person’s best interests, on their behalf.
7. Ms A holds the LPA to make decisions about her daughter’s health and welfare.
8. The Office of the Public Guardian (OPG) oversees the work of attorneys.
9. There is ongoing concern about Ms A’s decision making around her daughter’s health and wellbeing. The OPG are investigating those concerns, which relate to Ms A’s complaint to the Ombudsmen.
10. I consider it would not be appropriate to make a finding on Ms A’s complaint until the OPG has decided if Ms A is a suitable LPA for her daughter. Currently, I cannot say if Ms A is suitable to represent her daughter. Ms A can return to the Ombudsmen after the OPG has decided if she is a suitable LPA for her daughter.

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Final decision

11. I have discontinued my investigation into Ms A’s complaint.

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Investigator's decision on behalf of the Ombudsman