Summary: We will not investigate this complaint about the Council’s decision making about 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 is the manager of the residential care provision where Mr Y lives. Mr X complains the Council have not met Mr Y’s care and support needs. Mr X says this has impacted on the independence of Mr Y and the other residents in the residential care provision. Mr X would like the Council to fund extra hours of support and seek an alternative residential care provision.

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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 Mr X.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr Y lives in a residential care setting.
6. Mr X says Mr Y does not have capacity to authorise him to represent him.
7. Mr X is not a suitable representative to bring a complaint on Mr Y’s behalf. This is because Mr X works for Mr Y’s care provider and has a commercial link to the complaint. This is a conflict of interest.

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Final decision

8. 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