Summary: The Ombudsman will not investigate Ms A’s complaint about the lack of care given to Mrs B during a period when she and her other carer were on holiday. This is because Ms A does not have consent or standing to complain on behalf of Mrs B.

The complaint

1. Ms A is concerned the person she cares for, Mrs B, was left without care for six days when she and another carer went on holiday. Ms A says the Council were aware well in advance of the holidays and failed to ensure the period of leave was covered. Ms A says the Council should consider this as a safeguarding matter as she believes Mrs B was neglected.

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The Ombudsman’s role and powers

2. We can only accept complaints from members of the public or their authorised representatives. This means we cannot accept complaints from carers complaining about something relating to their position as a carer. (Local Government Act 1974, section 26A, as amended)

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How I considered this complaint

3. I considered the information Ms A provided. I sent Ms A a copy of my draft decision for comment.

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What I found

4. It is understandable that Ms A is concerned about Mrs B’s lack of care during a period of leave when she had advised the Council of this, however, she has not been caused any injustice herself from the actions of the Council warranting investigation by the Ombudsman. Given Ms A is employed as a carer and is acting in her capacity as an employee, she would not be considered as a suitable representative to complain on behalf of Mrs B.

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Final decision

5. The Ombudsman will not investigate this complaint. This is because Ms A does not have consent or standing to complain on behalf of Mrs B.

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Investigator's decision on behalf of the Ombudsman