Summary: We will not investigate Miss X’s complaint about the Council’s support and decision making in relation to her mother, Mrs Y, who is known to the Council. This is because we do not consider Miss X to be a suitable representative to complain on behalf of her mother.

The complaint

1. Miss X complained the Council failed to properly consider her mother, Mrs Y’s, care and support needs including her mental capacity and safeguarding matters. She also complained about the Council’s poor communication and it had not been transparent in relation to Mrs Y’s DoLS (Deprivation of Liberty Safeguards), that it had excluded Mrs Y’s family, its poor record keeping and that it failed to provide Mrs Y with person-centred care. As a result, Miss X said her mother has experienced harm and distress. It has also caused Miss X distress.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. 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

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

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My assessment

5. We do not consider Miss X to be an appropriate representative to complain about matters concerning her mother. This is consistent with the Council’s position that it could not consider her complaint. We will therefore not investigate Miss X’s complaint.

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Final decision

6. We will not investigate Miss X’s complaint because we do not consider her to be a suitable representative to complain on behalf of her mother.

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Investigator's decision on behalf of the Ombudsman