Walsall Metropolitan Borough Council (23 014 392)

Category : Adult care services > Domiciliary care

Decision : Closed after initial enquiries

Decision date : 13 Feb 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the care Mr X received. We do not consider the representative, Mr Y, to be suitable.

The complaint

  1. Mr Y complained about the domiciliary care his brother, Mr X received prior to his death.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X and Mr Y were brothers. Mr X lacked capacity and decisions were made by his mother Mrs M. He lived in the community and received a package of care from a Care Provider.
  2. Following his death in 2023, Mr Y complained about the care Mr X received between 2019 and his death. He also said their mother, Mrs M, had dementia and had been unable to make decisions.
  3. The Care Provider responded on behalf of the Council. It explained it had communicated with Mrs M about Mr X’s care because she was registered as his next of kin. It said it did not have permission to share information about Mr X with Mr Y.
  4. The Care Provider said it was unaware Mrs M had dementia and considered she had capacity to make decisions on Mr X’s behalf.
  5. I do not consider Mr Y is suitable to represent Mr X. This is because Mrs M was Mr X’s next of kin and all matters relating to Mr X, including his funeral arrangements, were made by her. There is no record of Mrs M complaining about the care Mr X received. And Mr Y has provided information which shows Mrs M did not want him to involve himself on Mr X’s behalf with the Council.

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Final decision

  1. We will not investigate Mr Y’s complaint because we do not consider him a suitable representative.

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Investigator's decision on behalf of the Ombudsman

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