Summary: We will not investigate this complaint about a mental capacity assessment completed in April 2024. There is insufficient evidence of fault to warrant an investigation and there is no worthwhile outcome achievable.

The complaint

1. Mr X complains about a mental capacity assessment completed with his relative, Ms Y, in April 2024. He says the assessment was flawed and unlawful.

Back to top

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, or
• there is no worthwhile outcome achievable by our investigation.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The Council completed a mental capacity assessment with Ms Y in 2024. The assessment concluded that Ms Y had capacity to amend her Lasting Power of Attorney (LPA) arrangements.
6. Mr X says in 2025, he became aware of information that has led him to conclude that the capacity assessment completed with Ms Y in 2024 must have been flawed.
7. In its complaint response, the Council explained that capacity assessments are time- and decision-specific. The capacity assessment was completed by an experienced social worker and over multiple visits with Ms Y. The decision that Ms Y had capacity was reviewed by a manager and supported by professional input.
8. We will not investigate this complaint. There is insufficient evidence of fault in the Council’s actions to warrant an investigation.
9. There is also no worthwhile outcome which could be achieved by investigating. Ms Y has since amended her LPA arrangements, and the new arrangements have been accepted and registered by the Office of the Public Guardian. If Mr X considers the LPA changes were not validly executed, the appropriate route to challenge this is through the Office of the Public Guardian or the Court of Protection.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation and an investigation would not lead to a worthwhile outcome.

Back to top

Investigator's decision on behalf of the Ombudsman