Summary: We will not investigate this complaint about Council decision-making related to Mr Y’s care and support. This is because we do not consider Mr X to be a suitable representative.

The complaint

1. Mr X complains the Council is not acting in his relative, Mr Y’s, best interests by considering a plan to enable Mr Y to return home from a care home. Mr X says Mr Y would be at unsafe and isolated if he returned home, his care needs could not be met and it would be detrimental to his mental health. He wants Mr Y to remain living in the care home.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr Y has health conditions and does not have capacity to decide where he should live. He currently lives in a care home, but Mr X is unhappy with the Council’s decision that it is in Mr Y’s best interests to return home with a package of care in place to meet his care needs.
6. Mr X is not a suitable representative to bring a complaint on Mr Y’s behalf. I have reached this decision because:
• Mr X does not have power of attorney for Mr Y and is not a blood relative.
• Mr Y has an advocate appointed under the Mental Capacity Act 2005, to represent his views during the best interest decision making process.
• The decision reached at the best interest meeting was that, if Mr Y’s needs could safely be met, then he should return home. The Council invited Mr X to the best interest meeting to share his views and participate in the decision making, but Mr X chose not to attend. This raises concerns about whether Mr X is suitable to act in Mr Y’s best interest.

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Final decision

7. We will not investigate Mr X’s complaint because we do not consider him to be a suitable representative to bring a complaint on Mr Y’s behalf.

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Investigator's decision on behalf of the Ombudsman