Summary: The Ombudsman has discontinued its investigation into Mrs R’s complaint. Norfolk County Council has referred Mrs R to the Office of the Public Guardian with concerns about her acting as her son’s lasting power of attorney. I cannot say Mrs R is a suitable representative for her son.

The complaint

1. Mrs R complains about Norfolk County Council’s (the Council) decision to apply only a standard rate increase of £20 per week to her son’s personal expense allowance.
2. Mrs R says the Council has not shown how it considered her son’s circumstances under the relevant guidelines. Mrs R says the Council did not consider the evidence she provided before it made its decision in October 2018.
3. Mrs R also says the Council’s complaint response did not address her concerns.
4. Mrs R says the Council’s decision has caused the family uncertainty, distress and they have lost faith in the Council.
5. Mrs R would like the Council to reconsider her evidence and review its decision.

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The Ombudsman’s role and powers

6. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
7. If we are satisfied with a council’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)

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How I considered this complaint

8. I have discussed the complaint with Mrs R and her solicitor. I have considered the documents Mrs R, her solicitor and the Council sent, the relevant law and guidance. I have provided Mrs R with a draft version of this statement and given her the opportunity to comment on it.

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What I found

9. 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.
10. There are two types of LPA:
• Property and Finance – this gives the attorney the power to make decisions about the person’s financial and property matters.
• Health and Welfare – this gives the attorney the power to make decisions about the person’s health and personal welfare.
11. The Office of the Public Guardian (OPG) oversees the work of attorneys.
12. Mrs R holds both types of LPA for her son.
13. The Council has referred Mrs R to the OPG. It said Mrs R is not suitable to be her son’s LPA. It has concerns about how Mrs R’s decision making around her son’s finances, care and lifestyle. The OPG are currently investigating those concerns, which relate to Mrs R’s complaint to the Ombudsman.
14. Until the OPG has decided if Mrs R is a suitable LPA for her son, I could not make a finding on her complaint. Currently, it is questionable if Mrs R is a suitable representative for her son. Mrs R can return to the Ombudsman after the OPG has decided if she is a suitable representative for her son.

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Final decision

15. I have discontinued my investigation into Mrs R’s complaint.

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Investigator's decision on behalf of the Ombudsman