Summary: Ms C complains about the care provided to her son, Mr D, by Yani Care Solutions Ltd, which was commissioned by the Council. I have ended my investigation of Ms C’s complaint. I cannot say whether Ms C, or Mr B acting on behalf of Ms C, are suitable representatives to bring the complaint to us. It would not be appropriate to make a finding on Ms C’s complaint about Mr D’s care without confirmation of this information.

The complaint

1. Mr B has brought a complaint to us on behalf of Ms C, about the care of her son, Mr D, provided by Yani Care Solutions Ltd (Yani Care), the care provider commissioned by the Council. Ms C complains:
• Yani Care provided inadequate care, and abused and restrained Mr D, between August 2024 and January 2025.
• The Council failed to take appropriate action, despite the concerns raised by Ms C.
• The Council delayed in moving Mr D to accommodation within the Council area, and later initially failed to agree to directly move Mr D to the area close to his family.
2. As a result of the Council’s actions, Mr B says both Ms C and Mr D are deeply traumatised and distressed. He says Mr D’s health and wellbeing has been impacted, and his care needs have not been met. Mr B also says Ms C and Mr D’s family life has been impacted, because it is difficult for the family to regularly travel to visit Mr D.
3. Ms C would like the Council to:
• Apologise to her and Mr D for the lack of care and support, and incidents of abuse and restraint she says took place between August 2024 and January 2025.
• Pay a financial remedy for the injustice caused to her and Mr D by the lack of care and support, and incidents of abuse and restraint mentioned above.
• Allocate a new social worker to Mr D.
• Avoid further delays in moving Mr D to the accommodation the Council has sourced for him close to his family and tell her the date it expects to move him.

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The Ombudsman’s role and powers

4. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I read Ms C’s complaint and spoke to Mr B about it on the phone.
6. I considered information from Mr B and the Council.
7. Mr B had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Lasting Power of Attorney

8. The Mental Capacity Act 2005 introduced the “Lasting Power of Attorney (LPA)”. This replaced the Enduring Power of Attorney (EPA). An LPA is a legal document, which allows a person (‘the donor’) to choose one or more persons to make decisions for them, when they become unable to do so themselves. The 'attorney' or ‘donee’ is the person chosen to make a decision on the donor’s behalf. Any decision has to be in the donor’s best interests.
9. There are two types of LPA.

• Property and Finance LPA – this gives the attorney(s) the power to make decisions about the person's financial and property matters, such as selling a house or managing a bank account. Unless the donor says otherwise, the attorney may make all decisions about the donor’s property and finance even when the donor still has capacity to make those decisions.
• Health and Welfare LPA – this gives the attorney(s) the power to make decisions about the person's health and personal welfare, such as day-to-day care, medical treatment, or where they should live.

10. An attorney or donor must register an LPA with the Office of the Public Guardian (OPG) before the attorney can make decisions for the donor.

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What happened

11. This is a summary of events outlining key facts and it does not include everything that has happened in this case.
12. In February 2025, Ms C complained to the Council about the inadequate care provided to Mr D. The Council responded to Ms C’s complaint. Ms C remained unhappy, and Mr B brought the complaint to us on her behalf, in May 2025.
13. During the enquiry stage of my investigation, the Council informed me there is an ongoing investigation being carried out by the OPG regarding Ms C’s LPA status.

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Analysis

14. Ms C holds the LPA to make decisions about Mr D’s health and welfare, and property and finances. The Council says the OPG is currently investigating concerns around Ms C’s role as LPA for Mr D.
15. While the OPG’s investigation is ongoing and the outcome unknown, we do not know what this will mean for Ms C’s LPA status. So, it would not be appropriate to make a finding on Ms C’s complaint about Mr D’s care. This is because I currently cannot say whether Ms C, or Mr B acting on behalf of Ms C, are suitable representatives. As such, I have ended my investigation.
16. Once the OPG has had the opportunity to complete its investigation, Ms C may choose to bring her complaint back to us. We can then decide the suitability of Mr D’s representative once the outcome of the OPG investigation is known.

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Decision

17. I have ended my investigation and do not uphold Ms C’s complaint. I cannot say whether Ms C, or Mr B acting on behalf of Ms C, are suitable representatives to bring the complaint to us.

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Investigator's decision on behalf of the Ombudsman