Summary: Mrs X complained on behalf of her brother, Mr Y, about his care assessment and care provided by the Council. Mrs X said that Mr Y was coming to physical harm because of this. We will not investigate this complaint because there is a more appropriate person to represent Mr Y.

The complaint

1. Mrs X complained about the care assessment and care provided to her brother, Mr Y, by the Council. Mrs X stated the care was inadequate for Mr Y’s needs and was causing him physical harm. Mrs X wanted the Council to share the information it held about Mr Y with her and to care for him in a residential setting.

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The Ombudsman’s role and powers

2. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), 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)

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How I considered this complaint

4. I considered the information Mrs X provided in her complaint. I read the documents provided by the Council. Mrs X 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. Mrs X complained about the issues to the Council in December 2020.
6. The Council replied to Mrs X in January 2021. In its response the Council stated that Mr Y had said he did not want Mrs X to be involved in his care or the decisions made.
7. The restriction outlined in paragraph 3 applies to this complaint because Mr Y has made it clear he does not want Mrs X involved in his care. Mr Y has a nominated next of kin who is involved in decisions about his care. Mr Y’s next of kin is more appropriately placed to bring a complaint on his behalf.

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Final decision

8. We will not investigate this complaint. This is because there is a more appropriate person to represent Mr Y.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman