Summary: We will not investigate this complaint about the Council’s decision to end adult social care involvement. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained about the Council’s decision to end its involvement with his son, Mr Y. He said he had Lasting Power of Attorney for Mr Y therefore the Council should not have made that decision without speaking to him. He wants the Council to change its decision.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide:

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

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. The Council decided to end its involvement with Mr Y as he did not have any identified needs and was not receiving any services. It discussed that decision with Mr Y. There was no requirement for the Council to discuss this decision with Mr X. Mr Y has capacity; attorneys for health and welfare can only make decisions for people when they do not have mental capacity to make decisions for themselves. In addition, there is not enough evidence of fault in the Council’s decision to close Mr Y’s case to justify our involvement.

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Final decision

6. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman