Suffolk County Council (20 013 231)

Category : Adult care services > Assessment and care plan

Decision : Not upheld

Decision date : 26 Jul 2021

The Ombudsman's final decision:

Summary: Mr D complained the Council has failed to ensure the support it provides for his sister-in-law, Mrs E, is appropriate for getting her back to living independently. He also complained the Council is shutting out him and his wife from information about Mrs E’s care. We have not investigated Mr D’s concerns about the support the Council is providing to Mrs E. Mrs E has not provided her consent for us to investigate the complaint and we do not consider Mr D is a suitable representative. There was no fault in the Council not sharing information about Mrs E’s care with Mr D and his wife.

The complaint

  1. Mr D complained the Council has failed to ensure the support it provides for Mrs E is appropriate for getting her back to living independently.
  2. Mr D also complained the Council is shutting out him and his wife from information about Mrs E’s care.
  3. Mr D says he is concerned about Mrs E’s wellbeing and is distressed at being unable to support her as he has done for many years.

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What I have investigated

  1. I have investigated the complaint as set out in paragraph two above. I have not investigated Mr D’s complaint as set out in paragraph one for the reasons explained at the end of this statement.

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The Ombudsman’s role and powers

  1. We may investigate complaints from a person affected by the matter in the complaint, or from someone the person has authorised in writing to act for him or her. If the person has died or cannot authorise someone to act, we may investigate a complaint from a personal representative or from someone we consider suitable to represent the person affected. (section 26A or 34C, Local Government Act 1974)
  2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. 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

  1. I considered information from both Mr D and the Council.
  2. Mr D and the Council 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

  1. Mrs E has learning difficulties. The Council organised a home care package for her after she was discharged from hospital and needed extra support. Mr D and his wife were Mrs E’s main carers before she went into hospital.
  2. Mr D contacted the Council and complained that Mrs E did not have the mental capacity to make her own decisions about who she wanted to have contact with. He also said that one of Mrs E’s friends was preventing her from regaining her independence.
  3. The Council responded to Mr D. It said it contacted the Office of the Public Guardian, and there was no one that was identified as having legal status for making decisions on Mrs E’s behalf. The Office of the Public Guardian is a government body designed to protect individuals who lack mental capacity to make decisions for themselves. Therefore, there was no evidence that Mrs E could not make decisions about who she wanted to have contact with. The Council said it was satisfied that Mrs E’s care and support package was working well.
  4. Mr D contacted the Council again and said Mrs E had not showered, cleaned her home, or cooked a meal. He asked when the Council was going to get her back to living an independent life. He also said the Council was not keeping him and his wife up to date about Mrs E’s care.
  5. The Council replied to Mr D and said it had spoken to Mrs E, and she did not want any information about her care being shared with family members. It also said it had no evidence to suggest that Mrs E could not make that decision, and therefore it had no grounds to share any information about her care with him.
  6. Mr D remain dissatisfied with the Council’s response and referred his complaint to the Ombudsman.

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Analysis

  1. The Council has provided me with evidence which confirms that Mrs E does not want to share information about her care and support needs with Mr D and his wife. Therefore, the Council is not at fault as it is following Mrs E’s wishes.
  2. I appreciate Mr D feels that Mrs E does not have the capacity to make that decision. However, I have seen no evidence to support Mr D’s claim. The Council has also contacted the Office of the Public Guardian, and there is no one that has been identified as having legal status for making decisions on Mrs E’s behalf. Therefore, the Council cannot share information if Mrs E does not consent to it.

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Final decision

  1. I have completed my investigation. There is no fault in the Council not sharing information about Mrs E’s care with Mr D and his wife.

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Parts of the complaint that I did not investigate

  1. I have not investigated Mr D’s concerns about the support the Council is providing to Mrs E as she has not provided consent for us to investigate the complaint. I also do not consider that Mr D is a suitable representative. This is because Mrs E has confirmed she does not want the Council to share information about her care and support needs with him.

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Investigator's decision on behalf of the Ombudsman

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