Summary: We will not investigate this complaint about advice Mr X says the Care Provider gave his mother. Mr X did not experience a significant injustice.

The complaint

1. Mr X complains the Care Provider that looks after his mother handled a disagreement between him and his brother badly, acting in a biased way towards his brother. It gave their mother advice which led to Mr X and his brother having joint and several Lasting Power of Attorney. It stopped sending invoices to Mr X.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

5. Mr X and his brother disagree about their mother’s capacity to decide who should act as Lasting Power of Attorney. Mr X complained to the Ombudsman about the actions of the Care Provider. He says it advised his mother to reinstate his brother as joint attorney after she had made a decision, with capacity, to revoke this.
6. There is no evidence we would find Mr X experienced a significant injustice if we investigated his complaint, which is in his own right and not on his mother’s behalf. Mr X indicates he has suffered stress. However, if there was any significant injustice caused by the issues, it was his mother who experienced it.
7. I do not have Mr X’s mother’s consent to consider a complaint on her behalf, so I have not considered any impact the alleged fault had on her. Should Mr X wish to bring a complaint with his mother’s consent, he will need to make a separate complaint to us within 12 months of the issues he complains about.
8. Mr X or his brother should approach the Office of the Public Guardian and the Court of Protection if they wish to raise issues about each other’s suitability to act as their mother’s attorney, for confirmation of whether their mother can make a decision and what is in her best interests if she cannot. These are decisions the Ombudsman could not make.

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Final decision

9. We will not investigate Mr X’s complaint because he did not experience a significant injustice.

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Investigator's decision on behalf of the Ombudsman