Summary: We will not investigate this complaint about care and support the Council provided to Mr X’s father before he passed away. This is because Mr X has not provided us with sufficient evidence to show he is a suitable person to raise this complaint.

The complaint

1. Mr X complains the Council failed to provide the proper level of care and support for his father before his death. Mr X says the Council have failed to answer his questions about what happened and the situation has caused the family significant 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.
3. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We have asked Mr X whether there is anyone appointed to manage his father’s estate and if so whether he has their consent to raise a complaint. We have not heard from Mr X. Therefore we cannot investigate this complaint as we cannot know, based on the information provided, whether he is a suitable person to bring this complaint.

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Final decision

7. We will not investigate Mr X’s complaint because, based on the information provided, we cannot reach a decision on whether he is a suitable person to bring this complaint.

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Investigator's decision on behalf of the Ombudsman