Summary: We will not investigate this complaint about poor care in a care home. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant is not the most suitable representative to raise the complaint on behalf of the person living in the care home.

The complaint

1. Mrs X complains, on behalf of her relative, about care home provision that is commissioned or funded by the Council.

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The Ombudsman’s role and powers

2. 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 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

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

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Final decision

6. We will not investigate Mrs X’s complaint because she is not the most suitable person to raise this complaint on behalf of her relative.

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Investigator's decision on behalf of the Ombudsman