Summary: We will not investigate this complaint about the Council’s response to Miss X’s concerns that her adult daughter lacks mental capacity to manage her own finances and is not receiving appropriate support. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is no indication of fault in the Council’s response.

The complaint

1. Miss X says her daughter, Miss Y, lacks mental capacity to manage her own finances. Miss X also says her daughter’s social worker has acted unprofessionally towards her when Miss X has complained about insufficient care and support provision for Miss Y.

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The Ombudsman’s role and powers

2. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no indication of fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. 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

5. I considered information provided by the complainant and the Assessment Code.

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My assessment

Mental Capacity Act

6. The Mental Capacity Act 2005 is the framework for acting and deciding for people who lack the mental capacity to make particular decisions for themselves. The Act (and the Code of Practice 2007) describes the steps a person should take when dealing with someone who may lack capacity to make decisions for themselves. It describes when to assess a person’s capacity to make a decision, how to do this, and how to make a decision on behalf of somebody who cannot do so.

Mental capacity assessment

7. A person aged 16 or over must be presumed to have capacity to make a decision unless it is established they lack capacity. A person should not be treated as unable to make a decision:

• because they make an unwise decision;
• based simply on: their age; their appearance; assumptions about their condition, or any aspect of their behaviour; or
• before all practicable steps to help the person to do so have been taken without success.

8. The council must assess someone’s ability to make a decision when that person’s capacity is in doubt.

Care Act Assessment

9. Sections 9 and 10 of the Care Act 2014 require councils to carry out an assessment for any adult with an appearance of need for care and support. They must provide an assessment to everyone regardless of their finances or whether the council thinks the person has eligible needs. The assessment must be of the adult’s needs and how they impact on their wellbeing and the results they want to achieve. It must also involve the individual and where suitable their carer or any other person they might want involved.

The Council’s response

10. The Council confirms it assessed Miss Y and found she has mental capacity to manage her own finances. It advises Miss Y does not provide consent for Miss X to see a copy of the assessment.
11. The Council also says it checked with Miss Y about the concerns Miss X has raised about Miss Y’s care and support. It considers Miss Y is receiving Care Act compliant support and reports Miss Y does not wish her care and support details be shared with Miss Y. And finally, the Council says it did not find any information to support Miss X’s contention that a social worker acted unprofessionally.

My decision

12. We will not investigate. This is because there is no fault with the Council’s actions. A mental capacity assessment for finance decision making shows Miss Y has mental capacity to manage her finances. A Care Act assessment was also undertaken and care provision is in place. Furthermore, I note Miss Y’s wishes were checked during the Council’s complaints investigation. Miss X does not hold any attorneyship status to represent Miss Y. While Miss X disagrees with the outcomes of the assessments and the care support provided, this is not necessarily evidence of the Council acting with fault.

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Final decision

13. I will not investigate Miss X’s complaint because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is no indication of fault in the Council’s response.

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Investigator's decision on behalf of the Ombudsman