Summary: We will not investigate Mrs B’s complaint about care and support given to her mother, Mrs C. This is because we could not add to the Council’s responses or make a different finding of the kind Mrs B wants. We do not have written consent from Mrs C to consider a complaint from Mrs B on her behalf.

The complaint

1. Mrs B complained to the Council about the care and support her mother, Mrs C received during her stay in a care home and discharge back home. Mrs B says Mrs C was discharged home with 4 x 30 minute calls a day but was concerned this did not include night time care. Mrs B says:

• she is concerned Mrs C was admitted to a dementia unit for assessment but not assessed;
• Mrs C was not referred for Psycho Geriatric Assessment as she was not registered with own GP;
• there was no Continuing Health Care assessment completed;
• Mrs C was sent home wearing another residents clothing and her own clothing was not returned;
• Mrs C lost weight;
• Mrs C was sent home without proper medication;
• Mrs C had a number of falls whilst in care home-one resulting in broken hip;
• when Mrs C returned to home following a broken hip, she was treated as new resident. Mrs B says not continuing records led to information being given to someone she said not to give information to;
• she was allowed to take Mrs C to hospital but not able to visit;
• the Council did not consider Mrs C suffered with paranoia.

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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)

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How I considered this complaint

3. I considered the information and documentation Mrs B provided. I sent Mrs B a copy of my draft decision for comment.

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What I found

4. Mrs B is unhappy the Council has not answered all of her queries and concerns about Mrs C’s care and support.
5. The Council has explained Mrs C has not given her consent to respond to all the points Mrs B raised but where consent was given has provided Mrs B with answers. We could not add to them or make a different finding even if we investigated.
6. Mrs B says as Mrs C’s next of kin and power of attorney she should have a full response to the concerns she has raised about Mrs C.
7. The Mental Capacity Act 2005 says a person must be assumed to have capacity unless it is established that s/he lacks capacity. A person should not be treated as unable to make a decision:

• Because he makes an unwise decision.
• Based simply on: their age; their appearance; assumptions about their condition, or any aspect of their behaviour.
• Before all practicable steps to help the person to do so have been taken without success.

8. The Ombudsman could not say Mrs C lacks capacity to make decisions about what level of information she wants Mrs B to have. Without consent from Mrs C confirming she wants Mrs B to act on her behalf the Ombudsman will not investigate Mrs B’s complaint that Mrs C has not been given support from the Council.
9. If Mrs B disputes Mrs C has capacity to make decisions about her care needs, she can ask the Court of Protection to consider her views. Information about the Court of Protection can be found on the website below.

https://www.gov.uk/courts-tribunals/court-of-protection

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Final decision

10. We will not investigate this complaint. This is because we could not add to the Council’s responses or make a different finding of the kind Mrs B wants. We do not have written consent from Mrs C to consider a complaint from Mrs B on her behalf.

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Investigator's decision on behalf of the Ombudsman