Summary: We will not investigate this complaint about the Council’s decision to restrict contact between Mr X and his mother, Ms Y.
This is because we would be unlikely to find fault with the Council’s decision.

The complaint

1. Mr X complained the Council has unfairly prevented him from seeing his mother, Ms Y. He said this situation has caused him significant upset.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms Y is elderly and used to live on her own. After she became unwell and was admitted to hospital, the Council carried out a needs assessment and identified that she required 24-hour support. Ms Y was found to have capacity to make decisions regarding her own care and she agreed to join a residential home.
6. The Care Provider told Ms Y’s son Mr X that it had concerns for Ms Y’s welfare following contact which took place between them. The Care Provider told Mr X he could not visit Ms Y due to these concerns.
7. Mr X was unhappy with this and complained to the Council. He said the Care Provider was unfairly restricting access to his mother and he expressed concerns about the treatment Ms Y was receiving. The Council asked Mr X to provide evidence he was suitable to represent Ms Y, but Mr X did not respond.
8. Mr X wants us to find the Council at fault for upholding the Care Provider’s decision to restrict his visits to Ms Y. The evidence shows the Care Provider has followed the correct policy in limiting Mr X’s access to Ms Y due to the safeguarding concerns raised. An investigation into this matter would be unlikely to result in a finding of fault.
9. Mr X has expressed concerns about the care Ms Y is receiving from the Care Provider. The evidence shows Ms Y still retains capacity to make decisions regarding her care and Mr X has not previously represented her. Further, Ms Y has not consented for Mr X to bring the complaint to us on her behalf. We therefore do not consider Mr X to be suitable to represent Ms Y’s interests in this or any other matter and so will not accept this part of Mr X’s complaint.

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Final decision

10. We will not investigate Mr X’s complaint about the Council’s decision to restrict contact between Mr X and his mother. This is because we would be unlikely to find fault with the Council’s decision.

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Investigator's decision on behalf of the Ombudsman