Summary: We will not investigate Ms X’s complaint about matters relating to Mr Y’s care and welfare. This is because Ms X is not a suitable representative.

The complaint

1. The complainant, whom I shall call Ms X, complains on behalf of Mr Y, who is now deceased, about matters relating to his care and welfare.

Back to top

The Ombudsman’s role and powers

2. 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)
3. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable. (Local Government Act 1974, section 26A(2), as amended)

Back to top

How I considered this complaint

4. I considered the information Ms X provided. I also considered the information the Council provided. This includes information Mr Y provided to the Council, which is confidential, so cannot be shared with Ms X. I sent Ms X a draft of my decision and considered her comments in response.

Back to top

What I found

5. Ms X complains on behalf of Mr Y about matters relating to the care and support provision he received from the Council following his discharge from hospital.
6. Ms X says Mr Y did not receive the support he needed. She says a carer failed to carry out a welfare check on Mr Y on her second visit and Mr Y was later found dead. Ms X believes Mr Y may have been found alive if the carer had arranged for a welfare check to be carried out.
7. The Council carried out a safeguarding enquiry into the concerns Ms X raised. This was closed with the outcome that abuse had been discounted. It informed Ms X of the outcome of the enquiry but said it could not share further information with her because she was not his next of kin and it did not have consent from Mr Y’s family to discuss his case with third parties.
8. Ms X was Mr Y’s landlady, she informed us she was Mr Y’s partner and next of kin. They were not married and did not live together. Ms X is the executor of Mr Y’s will but holds no authority to act on his behalf on care and welfare matters.
9. We might consider Ms X to be a suitable representative to complain on Mr Y’s behalf on financial matters, in her role as executor. However, having considered the information provided by both Ms X and the Council, I do not consider Ms X to be a suitable representative to complain on Mr Y’s behalf about matters relating to his care and welfare.

Back to top

Final decision

10. We will not investigate this complaint. This is because Ms X is not a suitable representative to make this complaint on Mr Y’s behalf.

Back to top

Investigator's decision on behalf of the Ombudsman