Summary: We will not investigate Ms X’s complaint because we do not consider her a suitable representative for her sister.

The complaint

1. Ms X complains about the social care arranged by the Council for her sister. She says this has had a severe impact on her health and the health of her sister.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. Ms X brought a previous complaint to the Ombudsman about matters relating to her sister. We did not investigate that complaint because those matters were being considered by the Office of the Public Guardian (OPG).
7. The OPG found Ms X had exceeded her authority at times and recommended she withdraw as her sister’s deputy. Ms X did so.
8. The Council then reconsidered the matters Ms X had complained about. It decided she was not a suitable representative and closed her complaint.
9. Ms X was unhappy and complained to us.
10. We will not consider this complaint. The OPG recommended that Ms X was no longer her sister’s representative and gave the reasons why. In these circumstances I do not consider she is suitable to bring this complaint to us.
11. But in any case, the Council made the decision that it considered Ms X unsuitable to represent her sister without fault. Because there was no fault in the decision-making, we cannot question the decision itself.

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Final decision

12. We will not investigate Ms X’s complaint because she is not a suitable representative.

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Investigator's decision on behalf of the Ombudsman