Summary: We will not investigate Ms X’s complaint about the Council’s adult social care and housing involvement with her son. This is because there is no sign of fault in the Council’s decision not to accept her complaint without her son’s consent.

The complaint

1. The complainant, Ms X, complains about the Council’s actions in its adult social care and housing involvement with her young adult son, Mr Y. Ms X says Mr Y is vulnerable and the Council needs to carry out an urgent review of his adult social care needs and rehouse him.

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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 effect 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 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 do not start 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))
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.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X complained to the Council about its adult social care and housing involvement with her adult son, Mr Y. Ms X explained that her son is a vulnerable young adult who needs an urgent assessment of his social care and housing needs.
8. The Council informed Ms X that, in line with its adult social care complaints policy, it could not consider her complaint via its complaints procedure. This is because it does not have the required consent from Mr Y for the complaint to be made and for information to be shared with Ms X. It confirmed that, where appropriate, it had shared the information Ms X provided with the relevant professionals. It explained that without Mr Y’s consent it cannot share any further information with Ms X.
9. There is no sign of fault in the Council’s decision not to accept Ms X’s complaint without the required consent from Mr Y. It is acting in line with its published complaints procedure and the relevant data legislation. We also would not be able to consider the substantive complaint unless we had consent from Mr Y. Whilst I note Ms X has explained her son is a vulnerable young adult this does not indicate he lacks capacity to provide consent should he wish to do so.

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Final decision

10. We will not investigate Ms X’s complaint because there is no sign of fault in the Council’s decision not to consider her complaint without Mr Y’s consent.

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Investigator's decision on behalf of the Ombudsman