Summary: The complaint is made by a representative, with a lasting power or attorney, for the person who the complaint is about. The Ombudsman’s view is there is doubt about whether the representative is a suitable person to make the complaint. So we have discontinued our investigation.

The complaint

1. The complainant, whom I shall refer to as Mr D, complains on behalf of his uncle (Mr E). Mr D complains:
• about issues with the care provider’s care provision;
• about the care provider not responding to communications;

• that the care provider refused to discuss Mr D’s care with him, saying a lasting power of attorney he had was not valid.

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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.
3. We may investigate complaints made on behalf of someone else if they have given their consent. If they are not able to give their consent, we can consider whether the person bringing the complaint is a “suitable representative”. (Local Government Act 1974, section 26A(1) and (2), as amended)
4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. The information I have seen includes the documents Mr D supplied with his complaint and the care provider’s responses under its complaints procedure. I have also considered information from a council, about a related complaint.
6. I sent my draft decision to Mr D and the care provider and invited their comments.

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What I found

Legal and administrative background

Power of attorney

7. The Mental Capacity Act introduced lasting power of attorneys (LPA). A LPA is a legal document, which allows people to choose one person (or several) to make decisions about their health and welfare and/or their finances and property, for when they become unable to do so themselves. The 'attorney' is the person chosen to make a decision, which has to be in the person’s best interests, on their behalf.

What happened

8. Mr E funds his own care provision, since his wife died in 2019.
9. In October 2019 the Office of the Public Guardian granted Mr D a lasting power of attorney (LPA) for Mr E’s health and welfare. That Office has also granted another of Mr E’s relatives (Mr F) the same sort of LPA.
10. In the latter part of 2019. Mr D raised concerns with the care provider and the local council about changes in Mr E’s package of care. Mr F disagreed. Mr D’s concerns culminated in a complaint.
11. Later the care provider stopped providing care and Mr E’s care moved to a different provider.
12. Mr D complained to the Ombudsman about the poor care the provider had given and the way the package of care was changed without his consent.

Analysis

13. The local council has given the Ombudsman information that casts doubt on whether Mr D is a suitable representative to make this complaint on Ms E’s behalf. So I have discontinued my investigation.

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Final decision

14. I have discontinued my investigation.

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Investigator's decision on behalf of the Ombudsman